Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2873 of 2021 Applicant :- Ajit Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Ajeet Kumar Srivastava
Hon'ble Om Prakash-VII,J.
Counter affidavit filed today is taken on record.
Heard Shri Sunil Kumar, learned counsel for the applicant, Shri Ajeet Kumar Srivastava, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Although applicant is the husband of the deceased but it was a love marriage. No question arose to raise any sort of demand of dowry. It is further submitted that nothing has been mentioned in the F.I.R. regarding the nature of the demand said to have been made in the matter. It is further submitted that deceased committed suicide herself for the reason best known to her. Neither he made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. The applicant has no criminal history. He is languishing in jail since 13.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that nature of demand has been specified in the statement recorded under Section 161 Cr.P.C.. Family members of the applicant were raising demand and stating that if demand was not fulfilled, applicant and the deceased shall leave the house.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ajit Prajapati involved in Case Crime No. 240 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Saraikwaja, District - Jaunpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 Sanjeet