Allahabad High Court
Bhushan Kumar vs State Of U.P. on 19 October, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38596 of 2022
Applicant :- Bhushan Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Yash Pratap Singh, Birendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
A special mention was made in this case in morning for taking of this case out of turn on the ground that the applicant's mother, namely, Rajani Devi, has suffered brain haemorrhage and died on 10.10.2022. Her tehrvi sanskar is scheduled to be held on 23.10.2022. On the direction of the court a supplementary affidavit has been filed bringing on record the information card prepared for the aforesaid purpose by the family members of deceased which includes the name of the applicant.
Counsel for the applicant submits that the applicant is a practising advocate at Gautam Budh Nagar. The victim had affair with one, Arbaz. She came to the applicant for getting her marriage performed with Arbaz and after the applicant did not cooperated in concocting the documents for the aforesaid purpose, she has falsely implicated the applicant in this case. He has submitted that in the FIR the allegation of abduction of the victim has been levelled against the named accused, Arbaz. The applicant has been falsely implicated in this case. He is in jail since 28.04.2022 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Bhushan Kumar, involved in Case Crime No. 132 of 2022, under Sections- 366, 342 and 376 IPC, Police Station- Jewar, District- Gautam Budh Nagar, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant will not try to contact the victim in any manner whatsoever during the pendency of trial.
(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 as directed by the Court. 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 (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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 19.10.2022
Rohit
