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Ram Garib Prajapati vs State Of U.P. on 23 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 8158 of 2021

Applicant :- Ram Garib Prajapati

Opposite Party :- State of U.P.

Counsel for Applicant :- Ramesh Chandra Agrahari,Hardev Singh,Ram Suphal Shukla

Counsel for Opposite Party :- G.A.,Ram Sufal Shukla

Hon’ble Ram Krishna Gautam,J.

Heard over bail application moved by applicant, Ram Garib Prajapati, in Case Crime No. 364 of 2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Shankargarh, District Prayagraj.

Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 2.11.2020. He is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. He is old aged father-in-law of the deceased having no concern with affair for deceased or her husband, who is languishing in jail. Death is owing to ante-mortem hanging and suicide committed by the deceased. No other injury was there on the person of the deceased. General allegation of demand of dowry is there with no specific date and time, prior to her death. Hence, bail has been prayed for.

Learned AGA as well as learned counsel for the informant have vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.

Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merits of the case, a case for grant of bail, during trial, is made out.

Accordingly, the bail application is allowed.

Let the applicant, Ram Garib Prajapati, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

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

4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

6. The computer generated copy of such order shall be self attested by counsel of the party concerned.

7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 23.7.2021

A.P. Pandey

 

 

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