Allahabad High Court
Virendra Yadav vs State Of U.P. on 2 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59022 of 2022
Applicant :- Virendra Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Prakash Singh Yadav
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, Virendra Yadav, with a prayer to release him on bail in Case Crime No. 199 of 2022, under Sections 323,306 IPC and section 3/4 D.P. Act Police Station Saidpur, District- Ghazipur, during pendency of trial.
There is allegation against the applicant of abetment of suicide of his wife and beating her.There is also implication of the applicant under section 3/4 D.P. Act. Learned counsel for the applicant has submitted that marriage of the deceased with applicant took place in the year 2009.Three daughters were born to the couple.Learned counsel for the applicant has pointed out the statement of the sister-in-law of the deceased that applicant used to work at Gujrat and deceased was living in the village alongwith her three daughters. She wanted to accompany the applicant to Gujrat.She was assured that in the coming winter she would be sent to Gujrat.Prior to that she jumped before the train and committed suicide.There was domestic quarrel in the family. The deceased being fed up committed suicide by jumping before the train. The applicant is in jail since 6.9.2022 and has no criminal history.
Learned A.G.A has opposed the bail prayer of the applicant and pointed out to the statement of sister-in-law (Nanad) of deceased where she stated that dispute took place between the deceased and her mother-in-law regarding the non availability of wheat/flour for the purpose of making bread and her mother-in-law used to comment on her of not being able to earn bread,therefore deceased committed suicide.
After considering the rival contentions, it appears that the deceased committed suicide because of poverty and quarrel which took place because she wanted to go with her husband to Gujrat. She lived in village.Subsequently implication has been made under sections 323, 306 I.P.C.First Information Report was lodged under section 323,308,302 I.P.C. and section 3/4 D.P. Act.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping 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 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; 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.
Order Date :- 2.2.2023
Atul kr. sri.
