Heard learned counsel for the applicant and Dr. Hridayawati Mishra, learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that the applicant is father-in-law of the deceased. There is general allegation against the applicant and other co-accused. There is no specific allegation against the applicant. As per law, husband is responsible for the said incident. It is next submitted that in fact it was an accident as deceased fallen down from the stairs and received injuries which is getting support from the postmortem report. It is next submitted that similarly situated co-accused Sudha Devi, who is mother-in-law of the deceased, has been granted bail by this Court vide order dated 20.1.2021 passed in Criminal Misc. Bail Application No. 48901 of 2020, therefore, applicant is also entitled to be released on bail. Applicant has no criminal history and he is in jail since 11.8.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Heeralal Prajapati, involved in Case Crime No. 581 of 2020, under Sections- 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Gagaha, District Gorakhpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.1.2021 Rmk.