Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15865 of 2021 Applicant :- Naimish Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Prakash Mishra Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Naimish Prajapati, in connection with Case Crime No. 50 of 2020, under Sections 498A, 323, 504, 506, 406, 377 IPC, and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Agra.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted that he has been falsely implicated in the crime because the parties could not got along in marriage for whatever reason. The wife has instituted a number of proceedings against the husband. It is pointed out that an application under Section 12 of the Domestic Violence Act, has been filed on 31.08.2020, which is pending before the Judge, Family Court at Agra. It is argued that no dowry was ever demanded but the applicant over petty matrimonial issues, called the police on 26.05.2020, and went away to her parents on 19.05.2020 taking along with her the parties child. An information giving rise to the present crime was given to the police on 06.08.2020, on the basis of which the present FIR was registered on 29.12.2020. It is also submitted that there are no injuries sustained by the prosecutrix. It is argued that there is no evidence about the offence under Section 377 IPC. It is submitted that the applicant works in a private company and is a respectable man with no criminal history. It is also submitted that the applicant is in jail since 23.02.2021.
Learned A.G.A. and Mr. Kuldeep Singh Chahar, learned counsel for the complainant, have vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the parties are matured persons, who appear to have married of their own, the fact that there is no evidence of any injury or violence, the fact that there is no tangible evidence of dowry demand, the fact that the applicant is a respectable man with no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Naimish Prajapati, in connection with Case Crime No. 50 of 2020, under Sections 498A, 323, 504, 506, 406, 377 IPC, and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Agra, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 5.4.2021 NSC