VISHWAKARMA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.1328 of 2008, under Sections 304-B, 498-A I.P.C. and 3/4 D.P. Act, Police Station Gazipur, District Lucknow. As against the complicity of the applicant it is submitted that though the F.I.R. was lodged against six family members including mother-in-law, Devar and Jethani but three names have been dropped after investigation. The cause of death could not be ascertained in this case due to which viscera was preserved and the report is still awaited. It is said that as soon as the condition of the deceased deteriorated she was taken to K.G.M.C. Trauma Centre by family members of the applicant and this averment has not been denied. An information was also given to the family members of the deceased and they also joined funeral and this averment contained in para 9 has also not been denied in the counter affidavit. It is also pointed out that the deceased was treated upon for about more than a week and her parents were also present there but no such complaint howsoever was made. Unfortunately the lady died on 27.11.2008 but the report was lodged on the next day. Besides it is said that the applicant is an old and infirm person of 60 years. It is claimed that there is no criminal history against the applicant. However, the bail is opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove and also keeping in view the old age and infirmity of the applicant, I find it to be a fit case for granting bail. Let the applicant (Vishwakarma Prasad) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.