Allahabad High Court
Irshad vs State Of U.P. on 12 December, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43834 of 2022
Applicant :- Irshad
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra
Counsel for Opposite Party :- G.A.,Ansar Ahmad
Hon'ble Manish Mathur,J.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.331 of 2022, under Section 306 IPC, Police Station Baghpat, District Baghpat, wherein the allegation is that informant's daughter, aged 20 years, was in love with two boys, who were harassing her and ultimately the victim consumed some poisonous substance on 16.4.2022 and during the treatment has died. The FIR has been lodged on 17.4.2022 at 18.26 O'clock.
Learned counsel for the applicant submits that the deceased was in love with the applicant and both intended to marry and the deceased was actually being tortured by the informant himself. It is also stated that inquest proceedings commenced at around 2.00 pm on 17.4.2022 and was concluded at 4.15 pm, whereafter the FIR has been lodged. It is also stated that no complaint or intimation to police was given about the alleged harassment and in fact it is a case where the father of the deceased has harassed her and in circumstances unknown her life has been taken. Contention is that as chargesheet has been submitted and custodial interrogation is not required and the trial is likely to take sufficiently long and the applicant otherwise has no prior criminal history and is in jail since 10.5.2022, as such the applicant be enlarged on bail and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned AGA and Ms. Sandhya Chaturvedi, holding brief of Sri Ansar Ahmad for the informant has strongly opposed the prayer made for grant of bail.
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."
Considering submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that no complaint or intimation to police was given about the alleged harassment and in fact it may be a case where the father of the deceased has harassed her and in circumstances unknown her life has been taken particularly when as per F.I.R., deceased was having an affair with the applicant and co-accused. As charge sheet has been submitted, custodial interrogation is not required and the trial is likely to take sufficiently long and the applicant otherwise has no prior criminal history without further commenting upon the merits of the case, the applicant is held entitled to be released on bail, at this stage.
The aspect of implication of Section 107 IPC would be required to be corroborated by evidence during course of trial. Co-accused Nafees has already been admitted to bail by Co-ordinate Bench of this Court in Criminal Misc.Bail Application No. 42534 of 2022.
Let the applicant - Irshad involved in 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) 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.
(v) 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.
(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the present bail application is allowed.
Order Date :- 12.12.2022
Prabhat
