Allahabad High Court
Ajay Kumar vs State Of U.P. on 13 September, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31959 of 2019
Applicant :- Ajay Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- M J Akhtar,Sanjai Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. 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. 309 of 2016 (S.T. No. 23 of 2017), under Sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Ahirauli Bazar, District Kushinagar.
3. As per contents of FIR, allegation has been levelled against the applicant of murdering his wife for non fulfilment of dowry demand. The deceased is said to be wife of the applicant.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him only on account of fact that he is husband of the deceased. It has been submitted that the applicant is under incarceration since 6th September, 2016 and as yet the evidences of all the witnesses of fact have concluded with all of them being declared hostile. As such it is submitted that the prosecution witnesses of fact have not supported the prosecution story.
5. Learned A.G.A. appearing on behalf of State while opposing bail application on the basis of material on record does not dispute the fact that this witnesses of fact have been declared hostile.
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 submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial and the fact that all the witnesses of fact have already been declared hostile as well as the fact that the applicant is in jail since 6th September, 2016 and there is no hope of early conclusion of trial, this court finds that the applicant is entitled to be released on bail.
8. Accordingly bail application is allowed.
9. Let applicant Ajay Kumar 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 :- 13.9.2022
Prabhat
