Allahabad High Court
Himanshu Sharma vs State Of U.P. on 20 October, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24054 of 2022
Applicant :- Himanshu Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Piyush Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit is taken on record.
2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
3. This first bail application has been filed with regard to Case Crime No.328 of 2021, under Sections 323, 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Agra.
4. The first information report of this incident was lodged by the complainant about death of his daughter, against three named persons including the applicant. It was alleged in the first information report that marriage of his daughter was solemnized with applicant on 18.04.2019. It was also alleged that they had given sufficient dowry in the said marriage and that after marriage, applicant and his family members have demanded additional dowry. It was also alleged that the deceased had given birth to a female child and since then they were harassing her. It was alleged that due to nonfulfilment of demanded dowry the complainant's daughter was done to death by her in-laws.
5. The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that general allegations of demand of dowry has been levelled against all the accused persons. It is further submitted that in fact the deceased has committed suicide since she was not happy with the current employment of the applicant with a particular Company due to which he was mostly not available at home. It has been submitted that there are sixteen prosecution witnesses and as yet evidence of P.W. 1 is ongoing while the applicant is in jail since 17.07.2021 and there is no hope of any early conclusion of trial. It is submitted that applicant will not misuse the liberty of bail and will cooperate in the trial.
6. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that
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. Considering the submissions advanced by learned counsel for the parties and upon perusal of the material on record, prima facie, and subject to further evidence being led in trial, it appears that general allegation of demand of dowry has been made in the F.I.R. which is supported by the informant under Section 161 Cr.P.C.; the applicant is in jail since 17.07.2021; co-accused Vandana Sharma and Premraj Sharma have been admitted to bail by coordinate Benches of this Court vide Bail Applications numbered 39693 of 2021 and 49721 of 2021 respectively; as per certified copy of order sheet the evidence of P.W.1 is ongoing while 16 prosecution witnesses are indicated in the charge sheet as such there does not appear to be any hope for early conclusion of trial, as such, without expressing any opinion on the merits of case, this Court finds, the applicant is entitled to be released on bail in this case.
9. Accordingly bail application is allowed.
10. Let applicant Himanshu Sharma, 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 :- 20.10.2022
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