Allahabad High Court
Ajay Kumar vs State Of U.P. on 15 September, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33494 of 2022
Applicant :- Ajay Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Hans Nath Pandey,Ghanshyam Das Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Ajay Kumar, with a prayer to release him on bail in Case Crime No. 298 of 2019 (S.T. No. 376 of 2020), under Sections 498-A,304-B,302 IPC and section 3/4 Dowry Prohibition Act Police Station Etmadpur, District- Agra, during pendency of trial.
There is allegation of causing dowry death and murder both of his wife against the applicant. He has been implicated under section 498-A,304-B, 302 I.P.C. together .Learned counsel for the applicant has submitted that applicant has been implicated under sections 302 and 304-B I.P.C. together which is not in accordance with law. The deceased died on account of falling and deceased suffered following injuries:-
1.Lacerated wound size 2 cm. X 1 cm. Just above (Lt) eyebrow.
2.Contused swelling size 1 cm. X 1 cm.(Lt.) side forehead.
3.T/s size 5 cm. X 4 cm. Tempo-parietal region (Rt.) side head..
The allegation against the applicant is incorrect.Deceased died accidentally. Learned counsel for the applicant has made a statement on the basis of instructions that till date none of the witnesses have been examined by the trial court.The applicant is in jail since 12.11.2019 and has no criminal history
Learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the aforesaid facts.
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 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 15.9.2022
Atul kr. sri.
