Allahabad High Court
Smt Radha Devi And Another vs State Of U.P. on 21 October, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46163 of 2022
Applicant :- Smt Radha Devi And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Alpika Srivastava,Neeraj Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit is taken on record.
2. Heard learned learned counsel for applicants, 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.596 of 2021 under Sections 272, 273, 304 IPC & 60(A) of Excise Act, P.S. Tajganj, District Agra.
4. It has been argued by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. As per prosecution version in FIR, the alleged spurious/adulterated liquor was purchased by the brother of complainant from co-accused Kishan Devi @ Kisni and later on the brother of complainant died due to consumption of said liquor. There is no such evidence that the said liquor was purchased from applicants or it was manufactured by applicants. Applicants are not named in the F.I.R. and their name has been introduced on the alleged extra judicial confessional statement of main accused Kishan Devi @ Kisni but there is no such evidence that deceased had purchased the spurious liquor from applicants. The postmortem of deceased has not been conducted and thus, there is no evidence that deceased died due to consumption of spurious or poisonous liquor. Further, similarly placed two co-accused namely Kamlesh and Dara Singh have already been granted bail by co-ordinate Benches of this Court in Criminal Misc. Bail Applications numbered 8581 of 2022 and 54705 of 2021 respectively. Other co-accused Hariom, Bachchu Singh and Sanju Bansal have also been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.1472/2022, 49046/2021 and 46286/2021 respectively. Lastly, it is submitted that the applicants are languishing in jail since 12.08.2022. The previous criminal history of applicant(s) has been explained. It is stated that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
5. Learned A.G.A. opposed the prayer for bail. However, it could not be disputed that similarly placed co-accused have already been granted bail.
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 submissions advanced by learned counsel for the parties, without expressing any opinion on the merits of case, at this stage and subject to further evidence being led in trial, it appears that applicants are not named in the F.I.R. and have been introduced only on the alleged extra judicial confessional statement of main accused Kishan Devi @ Kisni which would be required to be corroborated by evidence during trial; there does not appear any allegation against them of manufacturing spurious liquor. Co-accused Kamlesh, Hariom, Bachchu Singh, Sanju Bansal and Dara Singh have been enlarged on bail as indicated hereinabove, as such, without expressing any opinion on the merits of case,this Court finds, the applicants are entitled to be released on bail in this case.
8. Accordingly bail application is allowed.
9. Let applicants Smt Radha Devi and Sheru @ Sher Singh, involved in the aforesaid case crime be released on bail on each of them furnishing a personal bond and two sureties 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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.
(iv) 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, absence of the applicants 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 them in accordance with law.
Order Date :- 21.10.2022
Prabhat
