Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22782 of 2019 Applicant :- Ramprakash Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ali Hasan,Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, on the basis of application 156(3) Cr.P.C., F.I.R. was lodged on 12.3.2019 (after seven months of incident) by the informant against five accused persons namely, Ranjeet Chauhan, Ramprakash Chauhan, Amarnath Chauhan, Rakshit Chauhan @ Tital and Ku. Nismat alleging that the marriage of deceased Saroj was solemnized with Ranjeet Chauhan on 28.11.2013, they demanded dowry as rupees fifty thousand from the deceased for which the deceased was being tortured by them and on 11.8.2018 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found NAD.
It is submitted by learned counsel for the applicant that applicant is father- in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. F.I.R. was lodged after seven months of incident without explaining delay after thought and due legal consultation. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 30.4.2019 (one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramprakash Chauhan involved in Case Crime No. 21 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Pakari, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019//A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22782 of 2019 Applicant :- Ramprakash Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ali Hasan,Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
From the perusal of postmortem report deceased Saroj Devi dated 12.8.2018 conducted by Dr. M.D. Aslam Ansari (annexed at page 21 to 23 of bail application), it transpires that concerned doctor has written 'NAD' in column of hyoid bone. Hence, it is not clear that what was the position of hyoid bone i.e. fractured or intact. It is very necessary for Court to know the position of hyoid bone while deciding the case.
The District Magistrate and C.M.O. Jaunpur are directed to ensure the compliance of Court's order by filling personnel affidavit of concerned doctor why and under what circumstances actual position (i.e. fractured or intact) of hyoid bone was not written by concerned doctor. Report be submitted on or before 4.7.2019.
List in the week commencing 8.7.2019.
Copy of this order be provided free of cost to learned A.G.A. within 24 hours for compliance.
Office is directed to send a copy of this order through FAX, e-mail and speed post within two days from today to District Magistrate & C.M.O., Jaunpur for necessary compliance.
Order Date :- 30.5.2019//A. Singh