Allahabad High Court
Naved Hasan vs State Of U.P. on 17 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 09.01.2023
Delivered on 17.01.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44218 of 2022
Applicant :- Naved Hasan
Opposite Party :- State of U.P.
Counsel for Applicant :- Madhava Nand Shukla
Counsel for Opposite Party :- G.A.,Mohd. Aslam
Hon'ble Siddharth,J.
Heard Madhava Nand Shukla learned counsel for the applicant, Sri Mohd. Aslam, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.
There is allegation against the applicant of causing dowry death of his sister-in-law (bhabhi).
Learned counsel for the applicant submits that he is brother-in-law (dewar) of the deceased. The dispute took place between the couple and on account of same entire family members have been falsely implicated in this case on general allegations. There is no specific role assigned to the applicant. The mother of the applicant namely, Smt. Nunanisha @ Noornisha, who was also assigned general role in the first information report has been enlarged on bail vide Crl. Misc. Bail Application No.26088 of 2022. The applicant is in jail since 15.03.2022 and has no criminal history. The applicant is student of Bachelor of Physiotherapy and lives in hostel.
Learned Counsel for the informant has vehemently opposed the bail application and has submitted that applicant and the co-accused persons have committed the dowry death of the deceased. The recovery of pillow used in causing murder of the deceased has been recovered on the pointing out of the applicant. He has submitted only because applicant has no criminal history he is not entitled to be enlarged of bail.
Learned AGA has also opposed the prayer for bail but could not dispute the above submissions.
After considering the rivals submits that it appears that applicant is brother in law of the deceased. There is no specific allegation against the applicant that he caused murder of the deceased by smothering her by a pillow.
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, Naved Hasan, involved in Case Crime No.40 of 2022, under Sections 498-A, 304-B, 201 I.P.C and ¾ D.P. Act, Police Station Ratanpuri, District- Muzaffar Nagar 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.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Order Date :- 17.1.2023
SS
