Om Prakash Vishwakarma vs State of U.P.

Krishna Kumar, J.—This is the second bail application. The first bail application was rejected on merit on 21.2.2000.

Learned Counsel for the applicant contended that some facts could not be submitted at the time of moving of first bail application because certain papers were not available to the applicant. It is contended that copy of the inquest report has been received by the applicant, which shows that at the time of inquest, Shri Rampati, the first informant, the father of the deceased and two close relations of Rampati, i.e. Sohan Lal Vishwakarma and Chhotey Lal Vishwakarma were present. They, at that time, had even made complaint against the applicant, but still the report of this case was not lodged on that day, i.e. 26.5.1999, rather the F.I.R. was lodged on 5.6.1999. There was no reason for delay of ten days in lodging the F.I.R. and this delay is unexplained.

It is further contended that the deceased was taken to hospital by her-in-laws and she died in the hospital. From the F.I.R. it is also made out that information was sent to the first informant.

Learned Counsel for the applicant further contended that the applicant is in jail for the last about 16 months and the evidence has yet not been started. In support thereof, the copy of the order sheet has been filed, which shows that several dates have been fixed for evidence, but the witnesses are not appearing.

Considering all the facts, it is a fit case for bail.

Let the applicant--Om Prakash Vishwakarma, involved in Case Crime No. 17 of 1999 under Sections 498A, 304B, I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Jalalpur, district Jaunpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Jaunpur.