Allahabad High Court
Saurabh vs State Of U.P. on 23 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51549 of 2022
Applicant :- Saurabh
Opposite Party :- State of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh
Counsel for Opposite Party :- G.A.,Vishnu Dutt Tiwari
Hon'ble Siddharth,J.
Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant, Sri Vishnu Dutt Tiwari, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant that he committed dowry death of his wife.
Learned counsel for the applicant submits that couple entered into love marriage and a child was born to them on 08.01.2021, one month prior to the alleged incident. On the fateful day at 8.00 - 9.00 p.m. the child was ill. The applicant and the deceased were going to the Doctor with their child. While applicant was waiting with the child on the ground floor, the deceased went to the toilet situated on the top floor of the house from where she accidently fell down and died. Her family were informed. The inquest proceedings were conducted and people from her parental home were present. The applicant was arrested after two days of the incident dated 20.11.2021 on the report made by father of the deceased. The last rites of the deceased were performed in the presence of her family members. In the CCTV camera footage collected from her shop her dead body was found lying on the floor. The brother and sister of the applicant were exonerated by the Investigating Officer since independent witnesses did not stated anything about their role in the incident. There is no allegation that anyone pushed her from the top floor of the house. The applicant is in jail since 20.11.2021 and has no criminal history.
Learned counsel for the informant has vehemently opposed the prayer for bail of applicant and has submitted that the applicant pushed the deceased from the top floor as a result of which she died after fall. He has further submitted that the incident has taken place in short span of marriage with the deceased. Therefore, applicant 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, 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, Saurabh, involved in Case Crime No.698 of 2021, under Sections 498A, 304B I.P.C and 3/4 D.P. Act, Police Station Bannadevi, District- Aligarh 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 :- 23.1.2023
SS
