Allahabad High Court
Gendan Lal vs State Of U.P. on 19 December, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49584 of 2021
Applicant :- Gendan Lal
Opposite Party :- State of U.P.
Counsel for Applicant :- Akhil Kumar Shukla,Diwanshu Tiwari,Mithilesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
2. This first bail application has been filed with regard to Case Crime No. 201 of 2021 under Sections 498-A, 304 Dowry Prohibition act, P.S. Thathiya, District Kannauj.
3. As per contents of FIR, applicant is father-in-law of deceased and marriage between his son and deceased is said to have taken place on 9th February, 2020 whereafter continuous demand for dowry was being made and due to its unfulfilment, the daughter of first informant was murdered on 7th June, 2021.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him only on account of fact that he is father-in-law of deceased. It is submitted that only general allegations of dowry demand have been made without any specific role being assigned to the applicant. It is submitted that even as per F.I.R., the body was found hanging inside room which was locked from inside. It is submitted that except for single ligature mark around the neck, there is no other bodily injury on the body of deceased. Applicant is in jail since 22nd June, 2021 with evidence of only two prosecution witnesses having been completed out of total 8 prosecution witnesses.
5. Learned A.G.A. appearing on behalf of State has opposed bail application with the submission that presumption to discharge is upon the applicant.
6. 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 applicant is father-in-law of deceased and only general allegations have been levelled against him in the F.I.R. which also states that body of deceased was found hanging inside room which was locked from inside and there is only a single ligature around the neck of deceased which is interrupted. Applicant is in jail since 22nd June, 2021 with trial only at its inception.
7. 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."
8. 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.
9. Accordingly bail application is allowed.
10. Let applicant Gendan Lal 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.
Criminal Misc. Bail Application No. 49728 of 2021 is delinked from present bail application and is directed to be listed on 10th January, 2022.
Order Date :- 19.12.2022
Prabhat
