HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35191 of 2019
Applicant :- Ramnath Prajapati
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishwanath Vishwakarma
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant is the father-in-law ‘(sasur)’ of the deceased aged about 65 years old. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 01.05.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Ramnath Prajapati involved in Case Crime No. 95 of 2019, under Sections – 498A, 304B Indian Penal Code and Section – 3/4 Dowry Prohibition Act, Police Station – Sikrara, District – Jaunpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.9.2019