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Bhanu Pratap Kanaujia vs State Of U.P. on 3 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58147 of 2019

Applicant :- Bhanu Pratap Kanaujia

Opposite Party :- State of U.P.

Counsel for Applicant :- Pavan Kishore,Kuldeep Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Ishwar Kumar Upadhyay, Advocate has filed vakalatnama on behalf of the complainant is taken on record.

Heard Sri Pavan Kishore, learned counsel for the applicant, Sri Manoj Kumar Singh, holding brief of Sri Ishwar Kumar Upadhyay, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.

Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The applicant has falsely been implicated in the present case. There was no dispute of demand of dowry. The FIR of the alleged incident was lodged after postmortem of the deceased. At the time of the inquest, informant and his brother were present. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself. The applicant is an old person aged about 62 years. The applicant has no concern with the alleged incident. At the time of the alleged incident the applicant was living separate from the deceased and her husband. Neither the applicant has harassed or tortured to the deceased and nor compelled the deceased to commit suicide. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 16.8.2019.

Per contra, learned counsel for the complainant as well as learned A.G.A have opposed the prayer for bail and learned counsel for the complainant argued that the applicant and other co-accused have committed the murder of the deceased and the injuries have also been found on the neck of the deceased with the ligature mark. The deceased died within one and half years of her marriage an unnatural death, therefore, the applicant is not entitled for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Bhanu Pratap Kanaujia involved in Case Crime No. 102 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Bhimpura, District Ballia be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

Order Date :- 3.1.2020/A.

 

 

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