Allahabad High Court

Durgesh Rai @ Mataru vs State Of U.P. on 19 December, 2023

Author:
Siddharth

Bench:
Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. - 2023:AHC:240427

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53451 of 2023

Applicant :- Durgesh Rai @ Mataru

Opposite Party :- State of U.P.

Counsel for Applicant :- Satya Prakash Rai,Yogesh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A.

The instant bail application has been filed on behalf of the applicant, Durgesh Rai @ Mataru, with a prayer to release him on bail in Case Crime No. 579 of 2023, under
Sections 498A
,
304B
IPC and
section 3
/
D.P. Act Police Station Jeanpur, District- Azamgarh, during pendency of trial.

Learned counsel for the applicant has submitted that although applicant has been implicated on the allegation of committing offence of dowry death of his wife, but she was suffering from Tuberculosis. On this ground co-accused, Kamlesh Rai and Asha Rai, have been enlarged on bail by the order dated 1.11.2023 in Criminal Misc. Bail Application No.44967 of 2023 by the following order:-

"Heard learned counsel for the applicants and learned A.G.A.

The instant bail application has been filed on behalf of the applicants, Kamlesh Rai and Asha Rai, with a prayer to release them on bail in Case Crime No. 579 of 2023, under
Sections 498-A
,
304B
IPC and
section 3
/
D.P. Act Police Station Jeanpur, District- Azamgarh, during pendency of trial.

There is allegation against the applicants of committing dowry death of their daughter-in-law. Learned counsel for the applicants has submitted that deceased was suffering from Tuberculosis and was under treatment.The prescription regarding her treatment has been brought on record.The applicants are in jail since 26.8.2023 and have no criminal history.

Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicants; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the
Article 21
of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of
Satendra Kumar Antil vs. C.B.I.
, passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

Let the applicants be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

4. That the applicants 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;

5. The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under
Section 313
Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail."

The applicant is in jail since 18.11.2023.He has criminal history of one case of minor nature.

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the
Article 21
of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of
Satendra Kumar Antil vs. C.B.I.
, passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

4. That 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;

5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under
Section 313
Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 19.12.2023

Atul kr. sri.