Allahabad High Court
Vineet Kumar Tiwari vs State Of U.P. on 17 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 5.1.2023
Delivered on 17.1.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24951 of 2020
Applicant :- Vineet Kumar Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Sheshadri Trivedi,Jitendra Kumar Tripathi,Satish Trivedi (Senior Adv.)
Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
Hon'ble Siddharth,J.
Supplementary counter affidavit filed by counsel for the informant today is taken on record.
Heard Shri Satish Trivedi, learned Senior Counsel assisted by Shri Sheshadri Trivedi, learned counsel for the applicant; Shri Santosh Kumar Singh, learned counsel for the informant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Vineet Kumar Tiwari, with a prayer to release him on bail in Case Crime No. 61 of 2019, under Sections 323,498-A,304-B I.P.C,. and section ¾ D.P. Act Police Station Manduadeeh, District- Varanasi, during pendency of trial.
There is allegation against the applicant of causing dowry death of wife.
Learned Senior for the applicant has submitted that there were general allegations against the applicant and other members of his house. By a detailed order and after considering the case of both the parties bail was granted to the father of the applicant,namely, Yogendra Prasad Tiwari, by the order dated 13.2.2020 in Criminal Misc. Bail Application No. 47522 of 2019.Thereafter mother of the applicant, namely, Usha Tiwari was granted bail by another coordinate Bench of this Court vide order dated 24.2.2020 in Criminal Misc. Bail Application No. 8013 of 2020.The detailed consideration of rival cases was done in the aforesaid orders. In the Supplementary Counter filed on behalf of the informant, statements of P.W.1, P.W.2, P.W.3 and P.W.4 has been brought on record. But the trial has not been concluded. Hence it is clear that trial is proceedings in this case. The applicant is in jail since 21.2.2019 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant 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, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 17.1.2023
Atul kr. Sri.
