Allahabad High Court
Rahul vs State Of U.P. on 20 December, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10103 of 2021
Applicant :- Rahul
Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit filed today in Court on behalf of applicant is taken on record.
1A. 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.26 of 2020, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, registered at Police Station Belghat, District Gorakhpur.
3. Applicant is husband and as per contents of FIR was married to the daughter of first informant two years prior to the date of incident whereafter continuous demand for dowry was being made and upon its fulfillment burned his wife to death on 15.02.2020.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him only on account of the fact that he is husband of deceased. It is submitted that although postmortem report indicates burn injuries on the body but presumption against the applicant has been sought to be discharged with the submission that the applicant used to live in remote area without any electricity and the kerosene lamp hanging over head fell on the deceased while she was cooking food leading to her burn injury and subsequent death. It is submitted that during the course of trial, the first informant and the mother of deceased have been examined as P.W.2 and 3 respectively and have not supported the prosecution version with both of them being declared hostile. Photo copies of certified copy of deposition have been brought on record by means of supplementary affidavit. It is submitted that applicant is under incarceration since 28.02.2020 with only two prosecution witnesses having been examined out of a total of 22 prosecution witnesses.
5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with the submission that applicant being the husband of deceased, presumption is upon him to discharge.
6. 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."
7. Considering the submission advanced by learned counsel for parties and upon perusal of material available on record, it appears that although dowry harassment has been alleged in the FIR with death having occasioned due to burn injuries but it also appears that neither parents of deceased as P.W.2 and P.W.3 have supported the prosecution version and were therefore declared hostile. Presumption against the applicant has been sought to be dispelled as indicated hereinabove. Applicant is under incarceration since 28.02.2020 with twenty prosecution witnesses remaining to be examined.
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, Rahul, 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 :- 20.12.2022
Subodh/-
