Heard learned counsel for the applicant, learned counsel for complainant as well as Sri Diwakar Singh,learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Yatendra Bajpai, Yogendra Bajpai, Prashant @ Chhotalle, Bittan and Ramguni alleging that marriage of Neetu @ Kagaz(sister of first informant) was solemnized with Yatendra Bajpai two and half years prior to the incident but they used to torture her for non-fulfillment of demand of Rs.1,00,000/- in dowry and on 4.12.2018 they killed her by setting her ablaze. She died having received burn injuries.
It is submitted by learned counsel for the applicant that the applicant is an old man and languishing in jail since 14.12.2018(more than eleven months) having no criminal history. He is father-in-law of deceased and has been falsely implicated. The applicant had neither any concern with so-called demand nor he was beneficiary. General allegation has been made against the applicant. There is neither any independent witness nor any eye-witness account. Deceased committed suicide, nobody had killed her. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Yogendra Bajpai involved in Case Crime No.437 of 2018, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Mishrikh, District Sitapur 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 :- 27.11.2019 P.P.