Allahabad High Court
Smt. Reshma vs State Of U.P. on 10 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29256 of 2022
Applicant :- Smt. Reshma
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Danish,Rizwan Ahmad(Qureshi)
Counsel for Opposite Party :- G.A.,Rafat Raza Khan
Hon'ble Siddharth,J.
Heard learned counsel for the applicants; Shri Satendra Kumar Yadav, holding brief of Shri Rafat Raza Khan, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant Smt. Reshma, with a prayer to release him on bail in Case Crime No. 17 of 2022, under Section 306 IPC Police Station G.R.P., Moradabad, District- Moradabad, during pendency of trial.
There is allegation against the applicant that on account of her misbehaviour with her husband, he committed suicide..Learned counsel for the applicant has submitted that First Information Report has been lodged by the father-in-law of the applicant.The deceased committed suicide because he was not given share in the property by the informant.After lodging of First Information Report applicant has been deprived of property since her husband has died.The applicant is in jail since 12.5.2022 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, 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 her 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 10.1.2023
Atul kr. sri.
