Allahabad High Court

Anil Kumar vs State Of U.P. on 24 May, 2024

Author:
Siddharth

Bench:
Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. - 2024:AHC:95010

Court No. - 46

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43659 of 2023

Applicant :- Anil Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Atharva Dixit,Pranav Tiwary

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Sri Atharva Dixit and Sri Pranav Tiwary, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Anil Kumar, with a prayer to release him on bail in Case Crime No. 05 of 2023, under
Sections 498-A
,
304B
of IPC and
section 3
/
of D.P. Act, Police Station- Jigna, District- Mirzapur, during pendency of trial.

There is allegation against the applicant of causing dowry death of his wife.

The bail application of mother-in-law of the deceased was rejected by this Court. Hence the matter has been placed before this court

Learned counsel for the applicant has submitted that it is a case of false implication. The deceased committed suicide because she was not happy in her matrimonial home and the allegation of demand of Rs. 1 lakh is unfounded. There are seventeen prosecution witness in all. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 12.01.2023. The trial in the aforesaid case is not likely to be concluded in near future.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, she will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in 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 case of
Satendra Kumar Antil Vs. C.B.I. & Another
, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under
Section 229-A
of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under
Section 82
Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under
Section 174-A
of the Indian Penal Code.

(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of 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.

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.

Order Date :- 24.5.2024

Abhishek