Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21293 of 2019 Applicant :- Shivabachan Parajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 20 of 2018, u/s 498A, 306 I.P.C., Police Station- Mehanagar, District- Azamgarh.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The main submission raised by the counsel is that the applicant is in jail since 24.8.2018 and admittedly this is a case of committing suicide and therefore the applicant should be released on bail for the reason that he is father-in-law of the deceased.
Learned A.G.A. has opposed the prayer for bail and has drawn the attention of the Court to the dying declaration of the deceased in which she has not only exonerated her husband but has spoken good about him. It was stated by the deceased that it was her husband who brought her to the hospital and got her admitted. It was emphasized by learned A.G.A. that in the dying declaration, the deceased had unambiguously stated that her father-in-law and mother-in-law were constantly quarreling with her that vitiated the family atmosphere. On the day of incident also there was a quarrel that took place with the deceased and her mother-in-law and father-in-law which frustrated her so much that she was driven to set herself ablaze. Submission is that in view of the dying declaration, the complicity of applicant is apparent on the face of record and it was the cruel treatment meted out to her by her father-in-law and mother-in-law which drove her to take such extreme step. It was also pointed out that even in the F.I.R. there were also allegations of demand of dowry and committing cruelty upon the deceased and therefore there is no good reason to take a liberal view in the matter.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.7.2019 shiv