Allahabad High Court
Sant Lal vs State Of U.P. on 26 July, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148890
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31639 of 2023
Applicant :- Sant Lal
Opposite Party :- State of U.P.
Counsel for Applicant :- Girish Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that initially an information was given to the police that the father of the informant, Surya Prakash Yadav, went to Pilibhit on 23.12.2022 for construction of his house in the village. On 03.01.2023 he called on phone of his father which did not responded. He went to Pilibhit on 07.01.2023 and found room of his father locked from outside. When lock was opened his father was found lying dead on the cot. Subsequently first information was lodged by the informant on 09.01.2023 alleging that the applicant was employed as domestic servant for help by his father in his house. Suspicion was expressed against him regarding causing of the alleged offence. It was also alleged that the mobile phone of his father Redmi Note 11 sky blue colour is missing.
Learned counsel for the applicant further submits that subsequently applicant was arrested and a mobile phone and keys were recovered from him but the police has not stated whether mobile phone was Redmi Note 11 and colour of the phone has not been mentioned by the investigating officer. It is a case of circumstantial evidence. Clothes and spade recovered are not supported by any witness and hit by Section 27 of Evidence Act. No motive has come on record as to why applicant has caused the murder of father of the informant and except mobile phone nothing was found missing from the house of the deceased which may indicate that there was any intention of theft or robbery involved in the incident. Applicant has only been implicated on the basis of suspicion. There were other persons living in the house of the deceased as tenants. One aunty was also residing there. There was injury found on the private part of the deceased which indicated that some element of illicit relation was involved in the murder of deceased which the investigating officer has not investigated. Applicant has been falsely implicated in this case. He is in jail since 10.01.2023.
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; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India 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, Sant Lal, involved in Case Crime No.04 of 2023, under Sections 302, 201 I.P.C, Police Station Hazara, District- Pilibhit 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 :- 26.7.2023
SS
