Allowed

Bhagwandin Prajapati v. State of U.P. Thru. Prin. Secy., Home Deptt. Lucknow

Allahabad HC13 May 2024BAIL/5157/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad allowed a bail application filed by Bhagwandin Prajapati, father-in-law of the deceased, in a dowry death case. Relying on parity with a co-accused and noting the applicant's age and lack of criminal history, the court granted bail subject to standard conditions.

What did the court decide?

Applicant released on bail subject to furnishing personal bond and two sureties with conditions to attend court and not tamper with evidence.

Bhagwandin Prajapati vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:36629

¶2

Court No. - 15

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5157 of 2024

¶4

Applicant :- Bhagwandin Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy., Home Deptt. Lucknow

¶5

Counsel for Applicant :- Kamal Kishor Tiwari,Ankit Tripathi Counsel for Opposite Party :- G.A.

¶6

Hon'ble Karunesh Singh Pawar,J.

¶7

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

¶8

The present bail application has been filed by accused-applicant seeking bail in Case Crime No.517 of 2023 under Section 498A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Gurubuxganj, District Raebareli.

¶9

It is alleged in the First Information Report that sister of the informant Rekha was married with Kalika Prasad on 15.2.2023 with adequate dowry. Soon after the vidai the accused persons started demanding motorcycle, fridge, Cooler and case of Rs.1,00,000/- as dowry. On 13.9.2023 at about 2.00 p.m. in the night the accused Bhagwan Deen (father-in-law of the deceased) had informed, through mobile phone to the complainant's father, that his daughter has died.

¶10

Learned counsel for applicant submits that perusal of the inquest report it is evident that dead body of the deceased while lying on the cot in the matrimonial home, in-laws were present. There is no antemortem injury on the body of the deceased in the postmortem report. Viscera has been preserved. No report of viscera has come yet. The applicant has no criminal

¶11

antecedents. He is languishing in jail since 14.9.2023. He seeks parity with the bail order of co-accused Smt. Buddhi Devi who has been enlarged on bail by this Court vide order dated 15.02.2024 passed in Criminal Misc. Bail Application No.1471 of 2024.

¶12

Learned A.G.A. has opposed the bail prayer, however, could not dispute the aforesaid facts.

¶13

On due consideration to the submissions advanced, perusal of the record as also the facts that the applicant is father-in-law aged about 56 years, is languishing in jail since 14.9.2023, he has no previous criminal history; general and sweeping allegations have been leveled in the prosecution case, chargesheet in the matter has been filed as also the fact that applicant seeks parity with the bail order of co-accused Smt. Bhuddhi Devi (supra) and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶14

Accordingly, the bail application is allowed on the grounds of parity .

¶15

Let the applicant Bhagwandin Prajapati be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

¶16

(i) The applicant will not tamper with the evidence during the trial.

¶17

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶18

(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 officer or tamper with the evidence.

¶19

(iv) 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.

¶20

In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶21

(v) 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 her under Section 229-A of the Indian Penal Code.

¶22

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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.

¶23

Order Date :- 13.5.2024 Saurabh Yadav/-

¶24

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Bhagwandin Prajapati v. State of U.P. Thru. Prin. Secy., Home Deptt. Lucknow

Case brief

What is this about?

What did the court decide?

Bhagwandin Prajapati v. State of U.P. Thru. Prin. Secy., Home Deptt. Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sandeep Srivastava Vs State of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko and Another

Ameer Alam and Others Vs State of U.P. Thru. Its Prin. Secy. Home Civil Sectt. Lko. and Another

Sonu @ Juned and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Ramsajivan vs State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

Brijesh Kumar Awasthi vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko

Bal Mukund Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another