CHHATTHHIDEEN PRAJAPATI v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO.
/7529/2025 · 2025-08-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157457 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157457 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47391 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7529 of 2025 Applicant :- Chhatthhideen Prajapati Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Jay Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the daughter of the complainant got married with the son of the applicant two years ago. She had no issues. It is further alleged that the seven named accused persons used to make demand of dowry and commit cruelty on the deceased. On 30.4.2025 at about 09.00 am, the accused persons have murdered the deceased.
Learned counsel for the applicant submits that general and sweeping allegations have been levelled against all the accused persons. The applicant is the father-in-law. He next submits that as per post-mortem report, there is no ante-mortem injury found. Cause of death is asphyxia as a result of ante-mortem hanging. It is further submitted that the applicant is 60 years of age having no criminal history and he is languishing in jail since
3.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, post-mortem report so also the fact that the complainant while giving her statement under Section 180 BNSS has not levelled any specific allegation on the present applicant; there appears to be prima facie no allegation that soon before her death, the deceased was subjected to cruelty; the applicant is 60 years old having no criminal history; he is languishing in jail since 3.5.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for
enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Chhatthhideen Prajapati involved in Case Crime No. 130 of 2025, under Sections 85, 80(2), 352, 351(3) of B.N.S. & Section 3/4 of Dowry Prohibition Act, Police Station- Ahirauli, District- Ambedkar Nagar, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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. (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. 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. (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 him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S.
Order Date :- 13.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench