Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7741 of 2018 Applicant :- Jagat Narayan @ Baraka Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Jagat Narayan @ Baraka in Case Crime No.698 of 2017, under Sections 498A, 304B I.P.C and 3/4 D.P. Act, P.S. Manjhanpur, District Kaushambi.
Heard Sri Ajay Pandey, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Vivek Dubey on behalf of the State.
The submission of the learned counsel for the applicant is that he is the father-in-law; that there are general allegations with no specific allegation against the applicant as asserted in paragraph 18 to the affidavit; that the applicant was never subjected to cruelty in connection with dowry demand immediately before the occurrence or otherwise as asserted in paragraphs 14, 15 & 17 of the affidavit; that the applicant has been implicated for the reason alone that he happens to be the father-in-law as asserted in paragraph 20 to the affidavit; that the applicant is an elderly man aged about 61 years and a senior citizen; and, that the applicant is a respectable man with no criminal history who in jail since 21.11.2017.
Learned AGA has opposed the bail plea 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, he 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 the offence, the evidence appearing in the case, the relationship of the applicant to the deceased 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 Jagat Narayan @ Baraka 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 :- 27.2.2018 Shahroz