Allahabad High Court
Sushil Jaiswal vs State Of U.P. on 9 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59591 of 2022
Applicant :- Sushil Jaiswal
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh
Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Siddharth,J.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Sri Manoj Kumar, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant of causing dowry death of his wife.
Learned counsel for the applicant submits that it is a case of false implication. The applicant or his family members never demanded dowry from the deceased or her family members. Rather applicant helped the informant financially. He has brought on record receipt of HDFC bank which shows transfer of Rs. 1,36,000/- in the account of informant. He has submitted that with regard to incident dated 19.05.2019, the first information report was lodged on 03.07.2019 without explanation of delay. The applicant informed the informant and her family members about the death of deceased by way of suicide. Initially they did not made complaint against the applicant. The deceased committed suicide on Railway Station Jageshwari. The applicant was granted Anticipatory Bail earlier. At the time of cremation of dead body no complaint was made. The applicant is in jail since 21.11.2022 and has no criminal history.
Learned counsel for the informant has vehemently opposed the bail application and has submitted that the marriage of the deceased took place in the year 2015 and the alleged incident took place 19.05.2019 within seven years of the marriage of the deceased with the applicant. The deceased did not committed suicide but was thrown before a running train by the family members of matrimonial home. Keeping in view the seriousness of the allegations he is not entitled to be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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 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, Sushil Jaiswal, involved in Case Crime No.276 of 2019, under Sections 304B, 498A I.P.C and 3/4 D.P. Act, Police Station Alinagar, District- Chandauli 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.
(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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.2.2023
SS
