Allowed

Kuldeep Prajapati v. State of U.P. through Principal Secretary Home, Civil Secretriat Lucknow

Allahabad HC7 Dec 2022/2703/2022

Case brief

AI extract

What is this about?

This court allowed bail to the applicant Kuldeep Prajapati in a dowry death case at the advanced stage of trial. The applicant has been in jail since September 2020. Witnesses have been examined, and the court imposed strict conditions on him to ensure his presence and prevent delays.

What did the court decide?

Released on bail on personal bond and two sureties with conditions to appear personally on all fixed dates and not seek adjournments.

Kuldeep Prajapati Vs State of U.P. through Principal… — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2703 of 2022

¶3

Applicant :- Kuldeep Prajapati

¶4

Opposite Party :- State Of U.P. Through Principal Secretary Home, Civil Secretriat Lucknow

¶5

Counsel for Applicant :- Praveen Kumar Tripathi

¶6

Counsel for Opposite Party :- G.A.,Pranav Trivedi,Ravi Shankar Mishra

¶7

Hon'ble Dinesh Kumar Singh,J.

¶8

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

¶9

The present application under Section 439 Cr.P.C. has been filed by the applicant Kuldeep Tripathi S/o Late Nanhe Lal Prajapati seeking bail in FIR/ Case Crime No. 153 of 2020, under Sections 498-A, 304-B IPC and Section 3/4, Dowry Prohibition Act, Police Station Manikpur, District Pratapgarh.

¶10

Accused-applicant is husband of the deceased Pratima. Marriage of the accused-applicant with Pratima had taken place one year before the date of incident. Out of wedlock there is son who was three months old at the time of incident. Allegation against the accused-applicant is that he and his family members used to demand additional dowry of Rs. 1,00,000.00 and for this dowry demand they often used to assault and subject the deceased to quality and on 20th July 2020 the deceased died due to antemortem hanging.

¶11

The accused-applicant has been in jail since 26 September 2020. Witnesses of fact have already been examined. Considering the aforesaid facts and the advanced stage of trial it would be appropriate to enlarge the accused-applicant on bail to enable him to prepare his defence properly and defend himself, subject to the condition the accused-applicant shall co-operate with the prosecution to get the trial concluded at an early date, he will not file any application to recall any witness and will not seek adjournment in the case.

¶12

Let applicant Kuldeep Prajapati S/o Late Nanhe Lal Prajapati be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

¶13

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as

¶14

abuse of liberty of bail and pass orders in accordance with law.

¶15

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶16

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶17

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶18

( Dinesh Kumar Singh, J. )

¶19

Order Date :- 7.12.2022 A.Nigam

¶20

Digitally signed by ANUJ NIGAM Date: 2022.12.08 16:58:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Kuldeep Prajapati v. State of U.P. through Principal Secretary Home, Civil Secretriat Lucknow

Case brief

What is this about?

What did the court decide?

Kuldeep Prajapati v. State of U.P. through Principal Secretary Home, Civil Secretriat Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vipin Sharma Vs Union of India through C.B.I.

Munni Lal Singh @ M.L. Singh Vs State of U.P. Thur. C.B.I.

Farhan Khan Vs State of U.P.Thru. Prin.Secy. Home Lko and Others

Amarjeet Vs Central Bureau of Investigation

Kripa Shankar Yadav Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Amil Khan S/O Sakeel Khan (Second Bail) Vs State of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko and 3 Others