Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39410 of 2019 Applicant :- Shriram Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Imran Ibrahim Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Gopal Das Srivastava, learned counsel for the complainant and learned A. G. A. for the State Applicant has moved the present anticipatory bail application seeking bail in Case Crime No. 299 of 2019, u/s 323, 504, 506, 306, 498A IPC and section 3/4 DP Act, PS Shahganj, District Jaunpur.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; applicant happens to be the father-in-law of the first informant; son of the applicant has committed suicide with regard to which the FIR has been lodged by the wife of the deceased; the entire family members have been implicated in the present case; applicant, at present, is a senior citizen aged about 74 years and he is also suffering from various age related diseases and he is a patient of paralysis; reliance has also been placed upon para no. 21 of the affidavit to show that the deceased was undergoing depression for various reasons; the applicant is willing to participate and cooperate with the investigation and no custodial interrogation is required and the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned counsel for the complainant has opposed the prayer for anticipatory bail by placing reliance upon the dying declaration, copy of which is annexed at page no. 27 of the affidavit which shows that the husband i.e. the son of the applicant was undergoing some depression on account of some demand of dowry and on account of no help being rendered by family.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Shriram Prajapati involved in the aforesaid case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 office;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
It is made clear that the case of the applicant is being distinguished from the other co-accused persons.
Order Date :- 26.9.2019 Kuldeep