Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11427 of 2018 Applicant :- Keshanpal @ Krishnapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kunwar Bhaskar Parihar,Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Vikas Sharma, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA for the State.
This is an application for bail on behalf of Keshanpal @ Krishnapal in Case Crime No. 282 of 2017, under Sections 498-A, 204-B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Ghazipur, District Fatehpur.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law, that there are general allegations against the applicant; that the applicant lives separately of the deceased and her husband as said in paragraph 16 of affidavit; that the deceased committed unabetted suicide in the circumstances mentioned in paragraph 15 of the affidavit that are self-explanatory; that the cause of death is asphyxia as a result of ante-mortem hanging, a fact that is evident from a perusal of the autopsy report at page 46 of the paper book; that the deceased was found hanging outside the village from a tree where she had gone and committed unabetted suicide; that the husband is in jail as stated by learned counsel for the applicant at the Bar, a fact which is not disputed by learned AGA and that the applicant who is a respectable man with no criminal history is in jail since 31.10.2017 in connection with the present crime.
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 allegations against the applicant 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 Keshanpal @ Krishnapal 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