Allahabad High Court
Munna Maddhesiya And Another vs State Of U.P. on 21 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8292 of 2022
Applicant :- Munna Maddhesiya And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Nikhil Kumar,Prashant Kanha
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant bail application has been filed on behalf of the applicants, Munna Maddhesiya and Savita @ Babita, with a prayer to release them on bail in Case Crime No. 365 of 2019, under Sections 498A, 304B IPC and section 3/4 D.P. Act Police Station Nichlol, District- Maharajganj, during pendency of trial.
This is the second bail application. The first bail application was rejected by the coordinate Bench of this court vide order dated 18.1.2021.Since two years have passed this application has been listed before this Court as per order of the Hon'ble the Chief Justice.
Applicants are brother-in-law(Jeth) and sister-in-law(Jethani) of the deceased. After rejection of the first bail application three prosecution witnesses have been examined .P.W.3, informant, has been declared hostile by the trial court.Other witnesses are Halwai and Pandit who cooked food and performed marriage. Their statements are not much relevant.The applicants are in jail since 26.2.2020 and have no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicants 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 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 applicants has made out a case for bail. The bail application is allowed
Let the applicants be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicants 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 applicants 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 applicants 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.
In case the trial has commenced, the trial court will conclude the same within a period one year as per section 309 Cr.P.C.
Order Date :- 21.2.2023
Atul kr. sri.
