Allahabad High Court
Satya Prakash Trivedi @ Puti ... vs State Of U.P. on 7 July, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13707 of 2021
Applicant :- Satya Prakash Trivedi @ Puti Trivedi And Anr.
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh K. Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Rakesh K. Tripathi, learned counsel for the applicants, Mrs. Shikha Sinaha, learned AGA and perused the record.
The applicants have moved the present bail application seeking bail in Case Crime No.0402 of 2021, under Sections 323,504,506,452,306 IPC, Police Station Madhuaganj, District Hardoi.
Learned counsel for the applicants submits that the applicants have falsely been implicated in the present case with malicious intention. The applicants have no concern with the allegation levelled against them. Applicant Nos. 1 and 2 happen to be father and mother of Lavi Trivedi respectively. They were not involved in the crime which was alleged by the prosecution nor they were present at the railway-station when the alleged incident took place.
Learned counsel for the applicants has pointed out that applicant No.1 is more than seventy years of age and was suffering from various ailments and applicant no. 2 is also aged lady. They have no concern with the affair of the their son with the deceased lady nor they knew regarding their affair before the alleged incident nor they were involved or have ever acted in any manner so that the deceased lady may commit suicide.
Learned counsel for the applicants apart from his above arguments stated that the applicants were falsely implicated in the present case whereas as per the post mortem report of the deceased the cause of death is asphyxia due to ante mortem hanging and except one ligature mark of size (29.0 c.m. x 3.5 cm) around the neck, five more injuries which are contusions, were present on the body of the deceased. He further submits that when the deceased was laying down from the ceiling the above injuries were caused. There are six injuries present. The applicants have no role in causing the injuries to the deceased lady.
Learned counsel for the applicants further submits that this aspect cannot be ignored or overruled that the husband of the deceased has caused the injuries to his wife (deceased) after the above incident when he came to know about the affair of his wife with one Lavi Trivedi and therefore, due to humiliation the deceased committed suicide.
Learned counsel for the applicants further submits that the applicants are in jail since 06.9.2021 and have by now done a substantial period of incarceration and applicants are old aged persons and are suffering from several diseases. In support of his argument, he has placed reliance on paragraph 12 of the judgment of Hon'ble Apex Court in the case of Bakshish Ram and another Vs. State of Punjab in Criminal Appeal No. 969 of 2009, which reads as under:
"12 ) With regard to the case of appellant no.2 / Dalip Kaur , it has been contended that she is an 80 years old lady and is suffering from various age related ailments . This factual assertion is not disputed by the respondents . Looking at the age of the appellant it does not seem fair to hold her back in jail during the pendency of appeal even if she had been convicted for the alleged serious offence , against which she has come before this Court . Furthermore , in the peculiar circumstances of this case and in view of the fact , that the appellant No. 2 is an old lady of 80 years of age and she had already been in jail for more than one year , in our view , she is entitled for the relief prayed in the application . ............"
Learned counsel for the applicants has also placed reliance on the judgment of Hon'be Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicants that he is ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It has also been pointed out that the accused are not having any criminal history and they are in jail since 06.09.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering the old age of the applicants and considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the cases of Bakshish Ram and another Vs. State of Punjab in Criminal Appeal No. 969 of 2009 and Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicants, Satya Prakash Trivedi alias Puti Trivedi and Meera Devi, involved in Case Crime No. 0402 of 2021, under Sections 323,504,506,452,306 IPC, Police Station Madhuaganj, District Hardoi, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicants will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicants will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5) In case, the applicants misuse the liberty of bail 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 them, in accordance with law, under Section 174-A of the Indian Penal Code.
(6) The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(8) The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.
Order Date :- 7.7.2022
GSY
