Allahabad High Court
Shankar vs State Of U.P. on 3 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4315 of 2022
Applicant :- Shankar
Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Counter affidavit filed by learned A.G.A is taken on record.
There is allegation in the FIR that the marriage of the applicant with the deceased took place in the year 2009 and she was living with him since 2013 after gauna. There is allegation that the applicant used to taunt her for being not well read as a result of which the applicant along with co-accused persons have committed murder of the deceased.
Counsel for the applicant submits that the dead body of the deceased was recovered in decomposed position from the river and no external injury was found on her body. It appears that she accidentally fell into the river or she committed suicide because for last about 11 years she was unable to conceive. She used to live with the applicant at Gujarat and had come to village only at the time of her death. He has submitted that it is a case of false implication of the applicant. The deceased lived with the applicant for such a long time and thereafter the applicant has been falsely implicated by the informant in this case. The applicant is in jail since 09.09.2020 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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, Shankar, involved in Case Crime No. 159 of 2020, under Sections- 498-A, 302 and 201 IPC, Police Station- Kaptanganj, District- Basti, 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of two years from the date of production of certified copy of this order.
Order Date :- 3.1.2023
Rohit
