Allahabad High Court
Dharmendra Kumar vs State Of U.P. on 7 August, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:160674
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33212 of 2023
Applicant :- Dharmendra Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava
Counsel for Opposite Party :- G.A.,Virat Pratap Singh
Hon'ble Siddharth,J.
1. Heard Sri Yogesh Kumar Srivastava,learned counsel for the applicant; Sri Virat Pratap Singh as well as the learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant,Dharmendra Kumar, with a prayer to release him on bail in Case Crime No. 291 of 2023, under Section-306 IPC, Police Station Tundla, District- Firozabad, during pendency of trial.
3. There is allegation in the FIR that the informant was married about 17 years ago. For the last about 2-3 years dispute was going on between her husband and the accused persons, who were the family members of her matrimonial home regarding partition of joint family land. Consequently, her husband committed suicide by shooting himself.
4. Learned counsel for the applicant has submitted that it is a case of false implication. The ingredients for constituting offence under Section 106 IPC are not made out against the applicant. The deceased failed to resist the illegal pressure of his parents and brothers and committed suicide. There was no goading or compelling the deceased to commit suicide. Learned counsel for the applicant has placed before this Court number of judgments in support of his contentions: Netai Datta Vs. State of West Bengal (2005) SCC 659, Sanju Vs State of M.P. (2002) 5 SCC 371, Amalendu Pal Vs. State of West Bengal (2010)1 SCC 707, Shabbi Hussain Vs. State of Madhya Pradesh in Special Leave to Appeal (Crl.) No(s). 7284/2017, Geo Varghese Vs State of Rajasthan 2021 SCC Online SC 873, State of West Bengal Vs Indrajit Kundu And Others(2019) 10 SCC 188 and State of Kerala and Others Vs. S. Unnikrishnan Nair And Others (2015) 9 SCC 639. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since04.06.2023.
5. Learned A.G.A and learned counsel for the informant have vehemently opposed the prayer for bail of the applicant, but they are unable to dispute the arguments advanced by the learned counsel for applicant.
6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his 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 him in accordance with law under Section 174-A of the Indian Penal Code.
(v) 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.
7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.
10. Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days.
Order Date :- 7.8.2023
Abhishek
