Allowed

Buddhu Prajapati v. State of U.P.

Allahabad HC11 Feb 2019BAIL/3979/2019

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, an alleged accomplice in a death-by-dowry-harassment case, after noting his lack of criminal history and the absence of independent evidence against him.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties subject to standard conditions including not tampering with evidence or intimidating witnesses.

Buddhu Prajapati Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3979 of 2019

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Applicant :- Buddhu Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged by the informant against three accused persons namely, Mohan Prajapati, Budhdhu and Kunti alleging that the marriage of deceased Anjani was solemnized with Mohan Prajapati before two years, they demanded dowry from the deceased for which the deceased was being tortured and beaten by them and on 31.7.2018/1.8.2018 at night they killed Anjana and dead body was disposed of.

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It is submitted by learned counsel for the applicant that applicant is father-in-law and old person. The applicant is innocent and has been falsely implicated in the present case. He has no concern with deceased and her husband. Applicant was not beneficiary of alleged demand dowry. There is no independent witness and no legal evidence against the applicant. There is general role against the applicant. Offences levelled against the applicant are not attracted in the present matter. He is languishing in jail since 6.8.2018 (more than eight months) 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.

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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.

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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.

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Let the applicant Buddhu Prajapati involved in Case Crime No. 183 of 2018, under Sections 498-A, 304-B, 201 IPC and Section 3/4 Dowry Prohibition Act, P.S. Thuthubari, District Maharajganj 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:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 11.2.2019

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A. Singh

Buddhu Prajapati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Buddhu Prajapati v. State of U.P.

Case brief

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What did the court decide?

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