Second bail application in a criminal case involving allegations of cruelty and dowry-related offences. The court held that a case for bail is made out and granted the applicant release on bail.
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33559 of 2022
Applicant :- Bhanu Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav,Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
This is second bail application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. The marriage of deceased with applicant has taken place in the year 2016 and they have a child and that there are no reasons that why the applicant would harass his wife. Learned counsel has referred the statement of several independent witnesses, who have been examined during investigation, wherein they have inter-alia stated that at the time of alleged incident, among the accused persons, only applicant was present at the spot. It was further submitted that in fact the deceased has committed suicide and after the incident, applicant has given information to the police and that parental family of deceased was present at the time of inquest proceedings. It was submitted that though in postmortem report the cause of death has been shown antemortem strangulation but the size of ligature mark has been shown merely of 6.0 cm x 1.5 cm over upper part on left side of neck.
It has been further submitted that the first bail application of applicant was rejected by this Court vide order dated 29.9.2021,
passed in Criminal Misc. Bail Application No.31493 of 2021 and after that the statements of all the material witnesses have been recorded before the trial court but they have not supported the prosecution version and turned hostile. Referring to statement of P.W.1 Ramdeen, who is complainant of the case and father of deceased, it has been pointed out that though in his examination-in-chief, he has supported the prosecution version but in cross examination he has back tracked from the same. Statement of P.W.2 Kashibai Prajapati, who is mother of deceased, statement of P.W.3 Narendra Prajapati, who is brother of deceased and statement of P.W.4 Bhawana Devi, who is sister of deceased, were also referred and it was submitted that they have completely denied the prosecution version and turned hostile. Learned counsel submitted that as several formal witnesses are yet to be examined thus, the trial is likely to take sufficiently long time, whereas, the applicant is languishing in jail since 13.02.2021 having no criminal history. It was further submitted that in case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. has opposed the prayer for bail. However, it could not be disputed that above stated witnesses have turned hostile.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Bhanu Pratap Singh involved in case crime no.26 of 2021, under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Madawara, District Lalitpur, 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:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 10.11.2022 Neeraj
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.11.11 17:10:28 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is to be granted to the applicant in the criminal case.
Whether the applicant is eligible for release on bail after first bail application was rejected.
Bhanu Pratap Singh
Raj Beer Singh
Neeraj Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
