Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46642 of 2017 Applicant :- Babul Nath Trigunayit Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Chandra Mishra,Devesh Kumar Singh,Siddharth Shankar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed today in Court which is taken on record.
This is an application for bail filed on behalf of Babul Nath Trigunayit in Case Crime No.1085 of 2017, under Sections 498A, 304B, 506 I.P.C. and 3/4 D.P. Act, P.S. Badlapur, District Jaunpur.
Heard Sri Devesh Kumar Singh and Sri K.K. Misra, learned counsel for the applicant, Sri Manoj Kumar Misra, Advocate holding brief of Sri P.C. Pathak, learned counsel for the complainant and Sri Indrajeet Singh Yadav, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations against him with no specific role being assigned to him; that the applicant lives separately of his son, the husband of the deceased and the deceased; that the applicant is an old man aged about 71 years as said in paragraph 14 to the affidavit; that the cause of death in the post-mortem report no doubt is ante-mortem smothering but there are allegations of dumping the dead body against four co-accused detailed in the FIR being Arvind Trigunayit (husband), Satya Prakash Trigunayit (Jeth), Anand Trigunayit and Amrit Lal Dubey (son- in-law of the applicant) whereas there is no such allegation as against the other named co-accused, including the applicant; that it is further submitted that the applicant being a 71 year old man there is no possibility of the applicant being involved in a crime of violence like the present one particularly when he has separate residence; and, that the applicant is a respectable man with no criminal history who is in jail since 08.10.2017.
Learned counsel for the complainant as well as learned AGA have opposed the prayer for bail in one voice with the submission that it is a case of unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. However, it is not disputed that so far as the applicant is concerned the role assigned to him is general and distinguishable from the four nominated accused with specified roles.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence on record, the relationsip of the applicant to the deceased who is the father-in-law, the fact that there are general allegations against him and his old age but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Babul Nath Trigunayit involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.2.2018 Shahroz