Allahabad High Court
Virendra Mishra vs State Of U.P. on 28 June, 2021
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- BAIL No. - 5638 of 2020
Applicant :- Virendra Mishra
Opposite Party :- State of U.P.
Counsel for Applicant :- Neelam Verma,Abhishek Misra,Ajeet Kumar Singh,Ravindra Singh,Sanjive Kumar Tripathi,Satendra Kumar (Singh)
Counsel for Opposite Party :- G.A.,Uttam Kumar Awasthi
Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate appearing on behalf of State, through video conferencing in view of COVID-19 Pandemic and perused the record.
2. Bail application has been filed with regard to Case Crime No.-94 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station-Arwal, District- Hardoi.
3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the alleged offence. It is submitted that the applicant is father-in-law of the deceased and is living separately from son and daughter-in-law. It is submitted that there is no previous complaint filed with authority for demand of dowry by the applicant. Learned counsel further submits that only a general allegation has been made in the FIR without indicating any role of the applicant in the alleged incident. Learned counsel further submits that as yet trial is only in the preliminary stages without even charges having been framed. While, the applicant is in jail since 01.06.2020. It is submitted as such there is no possibility of conclusion by the trial in the near future. It is submitted that the applicant undertakes that he shall not interfere with the evidence with regard to trial and there is no chance of him absconding. It is also submitted that the applicant's wife Smt. Reena Mishra @ Meena Mishra who is the mother-in-law and has already been enlarged on bail vide order dated 29.07.2020 passed in Criminal Miscellaneous Case No.5065 (B) of 2020.
4. Learned Additional Government Advocate appearing on behalf of opposite party has refuted the submissions advanced by learned counsel for applicant and has submitted that prima facie reading of the FIR indicates that the seriousness of the offence which is clearly made out.
5. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
6. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
7. Accordingly bail application is allowed.
8. Let applicant, Virendra Mishra, involved in the aforesaid case 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 which are being imposed in the interest of justice:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
(iv) 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.
Order Date :- 28.6.2021
Subodh/-
