Kailash Nath Tripathi v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48445 of 2023 Applicant :- Kailash Nath Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Surendra Kumar Chaubey, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 59 of 2023, under Sections 498A, 304B, 120B IPC and Section 3/4 D.P. Act, Police Station Kapsethi, District Varanasi during pendency of the trial.

¶3FIR of the present case was lodged against applicant and his family members and according to the FIR marriage of the son of the applicant was performed with the daughter of the informant on 02.05.2021 and after marriage applicant and his family members tortured her for demand of Rs. 15 lakhs and on the information given by the daughter of the informant when informant arrived at her matrimonial home on 14.04.2023 then found that dead body of his daughter was lying. It is further mentioned in the FIR that due to want of dowry applicant and his family members committed her murder.

¶4Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and entire allegation of demand of dowry and torture made against him is totally false and it appears that some dispute arose between husband and wife and thereafter wife consumed some poisonous substance and died.

¶5He further submits that after post mortem cause of the death could not be ascertained and viscera was preserved. He further submits that on the basis of general allegation, applicant has been made accused in the present matter. He further submits that applicant is 75 years old person and he is not having any criminal history and in the present matter he is in jail since

24.08.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant is father-in-law of the deceased and there is no specific allegation against him. He further could not dispute the fact that applicant is 75 years old person.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that applicant is father-in-law of the deceased and he is 75 years old person and there is no specific allegation against him and it appears that after consuming some poison substance deceased died, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Kailash Nath Tripathi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 9.11.2023 AK Pandey High Court of Judicature at Allahabad