Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20311 of 2018 Applicant :- Radhey Shyam Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.179 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Sakaldiha, District Chandauli, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the applicant is the father-in-law of the deceased. He has been falsely implicated and in fact, no demand of dowry or any illegal demand as alleged by the first informant. He further submitted that the deceased sustained burn injuries while cooking food and she was taken into different Hospitals but ultimately she succumbed to burn injury in B.H.U. Hospital. The information was given by the son of the applicant to the concerned Police Station upon which the inquest was conducted. The first informant is the witness of inquest and his name appears at serial no.3. However, the first information report was lodged in the evening at 6.10 P.M. It is next contended that there is no likelihood of the trial being concluded in the near future and co-accused Asha Devi (mother-in-law) has been granted bail vide order dated 26.4.2018, in Criminal Misc. Bail Application No.15510 of 2018, photocopy of which has been filed as Annexure-10 to the affidavit accompanying the bail application. It is lastly contended that the case of applicant is distinguishable from that of the husband of the deceased, and is languishing in jail since 8.11.2017, therefore, he deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Radhey Shyam Prajapati be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.5.2018 Shalini