Allahabad High Court
Anoop vs State Of U.P. on 10 August, 2023
Bench: Mayank Kumar Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162463
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25905 of 2023
Applicant :- Anoop
Opposite Party :- State of U.P.
Counsel for Applicant :- Bijay Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
This is third application for bail moved on behalf of the applicant as the first and second bail applications being Criminal Misc. Bail Application Nos. 13746 of 2021 and 37282 of 2022 has already been rejected by this Court vide orders dated 01.11.2021 and 23.01.2021.
The present bail application has been filed on behalf of applicant in Case Crime No. 494 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Rajapur, District Chitrakoot with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is submitted that while deciding the first bail application, the trial court was directed to expedite the trial of the case and conclude the same within a period of one year keeping in view the provisions of Section 309 Cr.P.C. It is further submitted that statements of P.W.1-Ram Prasad (father of the deceased) and P.W.2-Soniya (mother of the deceased) have been recorded. The P.W.2-Soniya, who happens to be mother of the deceased during her deposition has stated that the present accused has not made any demand and did not commit any cruelty with her daughter. Learned counsel for applicant lastly submits that applicant is in jail since 19.12.2018 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the prayer for bail.
In Union of India Vs. K.A. Najeeb (2021) 3 SCC 713, the Hon'ble Apex Court has observed that:-
"15. This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee v. Union of India SCC para-15 it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant, Anoop, involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 10.8.2023
Prajapati
