Allahabad High Court
Sangam vs State Of U.P. on 13 September, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27277 of 2022
Applicant :- Sangam
Opposite Party :- State of U.P.
Counsel for Applicant :- Shyamu Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Shyamu Shukla, learned counsel for the applicant, Smt. Ladli Pandey, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Criminal Case No.9958 of 2022 arising out of Case Crime No.163 of 2022, under Sections 323 and 304 IPC, Police Station Dhanghata, District Sant Kabir Nagar, during the pendency of trial.
As per prosecution story, the applicant is stated to have caught hold of the hair of the informant when she was going with her husband alongwith two months old infant on a motorcycle, as a result, the informant is stated to have fallen down from the motorcycle alongwith the infant, who was injured thereupon and died on the way to the hospital.
Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. There was no intention on the part of the applicant to cause the death of the said child. The scuffle, if any, as per the allegations of the FIR, had occurred between the applicant and the informant, resulting in the sad demise of the infant. Learned counsel has further stated that the applicant is a lady of tender years. Her age is about 19 years. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 29.04.2022. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and 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 Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 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- Sangam, who is involved in aforementioned case crime be released on bail on her 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 file an undertaking to the effect that he shall not seek any adjournment on the date 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 her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 her in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming her independent opinion based on the testimony of the witnesses.
Order Date :- 13.9.2022
Ravi Kant
