Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41550 of 2018 Applicant :- Mool Chandra Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anil Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and Mr. Mayank, Advocate, holding brief of Mr. Pandey Balkrishna, learned counsel for the complainant.
The prosecution case in brief is that FIR of the incident has been lodged against four persons on 6.5.2018 at about 15.19 as Case Crime No. 152 of 2018, under sections 498-A, 304-B IPC and section 3/4 D.P. Act in respect of the incident which have taken place on 6.5.2018 at 11.00 alleging therein that marriage of the daughter of complainant Ram Charan Prajapati was solemnized with Dharmendra Prajapathi before four years. Due to non fulfillment of demand of dowry, the deceased was subjected to cruelty and ultimately the deceased was killed by them on 6.5.2018.
It is submitted by learned counsel for the applicant that the applicant is innocent, she has been falsely implicated in the present case being father-in-law of the deceased. It is next contended that according to the post mortem examination report, no injury was found on the body of the deceased except ligature mark showing cause of death as asphyxia. Further argued that applicant is living separately and this fact has been supported by the village Pradhan in his statement recorded under section 161 Cr.P.C., the accused-applicant has no concerned with the family affairs of the deceased or her husband. It is lastly contended that applicant has no criminal history and he is in jail since 1.06.2018. It is lastly contended that the mother-in-law of the deceased has already been enlarged on bail by this Court vide order dated 21.8.2018. The case of the present applicant is identical and similar to that of the mother-in-law and therefore, the applicant is also liable to be enlarged on bail.
Learned AGA opposed the prayer for bail but admitted the fact that no injury was found on the body of the deceased, the applicant is an old man and is having no criminal history.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Mool Chandra Prajapati involved in Case Crime No. 152 of 2018, under Sections 498-A, 304-B IPC and section 3/4 D.P. Act, P.S.- Sarai Inayat, District Allahabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 26.11.2018 Arshad