The Lucknow Bench of the Allahabad High Court has granted one week’s bail to Gayatri Prasad Prajapati for his daughter’s marriage.
A Single Bench of justice Rajesh Singh Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Gayatri Prasad Prajapati.
This is short term bail application u/s 439 CrPC.
Counsel for the applicant submitted with vehemence that there is no provision in the Criminal Procedure Code to file short term bail, therefore, any bail application, be it short term or regular bail is filed u/s 439 Cr.P.C inasmuch as the Court while invoking the powers u/s 439 CrPC hears and disposes such bail application.
Singh has further submitted that no other bail application of the applicant is pending consideration.
The applicant is in jail since 15.3.2017 in Case under section 420, 467, 468, 471, 506, 386, 388, 120B IPC, P.S Ghazipur, District Lucknow.
The marriage of his own daughter has been finalized and she would be getting married on 5.3.2023. The applicant will have to fulfill all the responsibilities of being father as per Hindu rights and rituals. The marriage card of the daughter of the applicant has been enclosed which indicates that the daughter of the applicant namely, Sudha (Sudha Prajapati) would be marrying with Dr Nikit Prajapati s/o Dr Rajendra Prajapati. All the rituals as per Hindu rites would commence from 1.3.2023, the day Wednesday and the date of marriage is 5.3.2023. The date of ‘Vidai’ of the daughter is 6.3.2023, the day i.e Monday. All the functions relating to marriage would take place at L.G-2, Awas Vikas Colony, District Amethi.
Counsel for the applicant has stated that being the father of Sudha Prajapati, it is his responsibility to perform all the rites and rituals regarding marriage. If the aforesaid bonafide request of the present applicant is accepted he would be discharging his pious duty for the marriage functions of his daughter and shall abide by all terms and conditions of the order of the Court.
Additional Advocate General has submitted that, however, on the serious allegations the applicant is in jail but if the Court may please to pass any order in respect of short term bail strict conditions may be imposed and the period the applicant remains on short terms bail should be within the strict vigil and supervision of the police, so that any mis- happening is ruled out.
“Be that as it may, notably the marriage of the daughter of the applicant has been finalized and the functions relating to the marriage would commence from 1.3.2023, the date of marriage is 5.3.2023 and the ‘Vidai’ function of his daughter is on 6.3.2023, therefore, considering the fact that there are some rituals and duties of father of the daughter to be performed during the marriage as per Hindu rites and rituals, I find it appropriate that the applicant may be released on short terms bail from 28.2.2023 till 7.3.2023”, the Court observed.
“The applicant shall be released from jail on 28.2.2023 by 5.00 PM. He shall remain within the supervision of police and for that appropriate number of police personnel shall be deputed by the Superintendent of Police, Amethi. All those police personnel shall remain present with the applicant round the clock.
The applicant shall be sent/admitted to jail on 7.3.2023 by 4.00 P.M.
The Superintendent of Jail concerned shall do the needful exercise in compliance of the aforesaid order.
The Superintendent of Police, Amethi shall pass appropriate orders deputing the reasonable police personnel with the applicant from 28.2.2023 till 7.3.2023.
The applicant shall maintain proper and required discipline in the aforesaid period and he shall remain confined himself within place of marriage i.e L.G-2, Awas Vikas Colony, District Amethi and he shall not call the public or public representatives to meet or to make meetings in his house.
The Superintendent of Police, Amethi shall take care that except the close family members and relatives no other person shall meet the applicant during this period as this short term bail is granted to the applicant for the specific purpose so that he could perform his duties and responsibilities of being father of Sudha Prajapati in her marriage. If at any point of time the S.P, Amethi finds that the terms and conditions of this interim bail order is flouted the appropriate decision may be taken in the interest of justice and also in the interest of cases pending against the present applicant strictly in accordance with law.
The copy of the order shall be provided to the Superintendent of Police, Amethi by the Registry of the Court within two working days for its compliance”, the Court ordered.
Accordingly, the Court disposed of the Application.