Prakash Raikwar vs State of U.P.

Neutral Citation No. - 2025:AHC:79519

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11829 of 2025

Applicant :- Prakash Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Umesh Chandra Prajapati, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Prakash Raikwar, seeking enlargement on bail during trial in connection with Case Crime No. 384 of 2024, under Sections 85, 80 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Badagaon, District- Jhansi.

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Learned counsel for the applicant argued that applicant is fatherin-law of the deceased. It is argued that marriage of the deceased/Vaishali Raikwar with Komal @ Chhotu Raikwar the son of the applicant was solemnized on 07.5.2021. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that cause of death of the deceased as opined by the doctor is due to cardio-respiratory failure as a result of burn injury and its complications. The statement of Smt. Narayani Devi the mother of the deceased and Hariram the father of the deceased recorded under Section 180 B.N.S.S. was placed before the Court to demonstrate that the deceased had no complaint with the applicant and used to live happily with him. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. The applicant is aged about more than 60 years for which para-26 and 29 of the affidavit have been placed. It is argued that the applicant has no other criminal antecedents as stated in para-30 of the affidavit and is in jail since 27.12.2024.

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Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing

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the record, it is evident that applicant is father-in-law of the deceased. General and omnibus allegations have been levelled against all the accused persons including the applicant. Smt. Narayani Devi the mother of the deceased and Hariram the father of the deceased have stated in their statements recorded under Section 180 B.N.S.S. that the deceased had no complaint with the applicant and used to live happily with him. The husband is in jail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Prakash Raikwar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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Order Date :- 14.5.2025 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Prakash Raikwar v. State of U.P.

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