Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11426 of 2018 Applicant :- Bhairav Prasad @ Dadoli Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Keshari Nath Tripathi, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Bhairav Prasad @ Dadoli in Case Crime No. 127 of 2017, under Sections 498A, 304B IPC and 3/4 of D.P. Act, P.S. Kamasin, District Banda.
The submission of the learned counsel for the applicant is that he is the father-in-law, that there are general allegations against the applicant; that the applicant lives separately with his elder son as said in paragraph 11 of the affidavit; that the cause of death and circumstances leading to unabetted suicide by the deceased have been mentioned in paragraph 26 of the affidavit which is self-explanatory; that there has been no demand of dowry or cruelty as said in paragraph 24 of the affidavit; that the cause of death is asphyxia as a result of ante mortem hanging which is compatible with the case of suicide; that the applicant is an old man of 63 years as said in paragraph 12 of the affidavit; that the husband is in jail as stated by learned counsel for the applicant at the Bar; and, that the applicant who is a respectable man with no criminal history is in jail since 16.11.2017.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute the fact that the allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Bhairav Prasad @ Dadoli 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 :- 29.3.2018 Imroz