Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Saiku Prajapati with a prayer to enlarge him on bail in case crime no. 107 of 2020 under Section 498-A, 304-B and 316 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Kotwali Nagar, District - Banda, during the pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is father-in-law, aged about 71 years and has falsely been implicated in the case as neither was there any demand of dowry nor the victim subjected to cruelty or harassment for demand of dowry. It is further submitted that in the first information report, it is incorrectly stated that when first informant and his family members reached at the house of in-laws, all of them were absconded and no family members were present beside the dead body of victim whereas in the inquest report presence of present appellant has been shown at serial no. (4) as Panch witness. It is further submitted that in the postmortem report cause of death has been shown asphyxia due to antemortem injury (hanging) and no injury has been shown on the body of the victim. It is further submitted that there is no corroborative evidence on record to prove that soon before her death, the victim was subjected to cruelty and harassment by the husband and his family members for the demand of dowry. It is further submitted that there was no previous complaint made by the first informant showing the cruelty and harassment for want of dowry on the part of the present applicant. In paragraph 20 of the affidavit, it is stated that there is no criminal history against the present applicant, except the present one. Learned counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 23.02.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Saiku Prajapati be released on bail in case crime no. 107 of 2020 under Section 498-A, 304-B and 316 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Kotwali Nagar, District - Banda, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2021 nd