Allahabad High Court
Uday Chaudhary vs State Of U.P. on 15 May, 2023
Bench: Mayank Kumar Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:105439
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12193 of 2020
Applicant :- Uday Chaudhary
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Santosh Kumar Tiwari
Counsel for Opposite Party :- G.A.,Budhi Sagar Tripathi,Vishwanath Mishra
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No. 347 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Belipar, District Gorakhpur with the prayer to enlarge the applicant on bail.
It is submitted that the applicant is the husband of deceased Vandana, who got married with the applicant on 13.02.2018 and committed suicide on 24.11.2019. The applicant never made any demand of additional dowry to his wife and she was never subjected to any cruelty for such demand. It is further submitted that during the period of her wedding no complaint was lodged by deceased or her parents against the applicant. The deceased was a short tempered lady and was suffering from some mental problem but this fact was not disclosed by the parents of the deceased at the time of the marriage. The applicant is in jail since 27.11.2019 and during trial the statement of PW-1 has been recorded and there is no substantial progress in the trial.
Per contra learned A.G.A. vehemently opposed the bail application and submitted that deceased died within two years of her marriage under suspicious circumstances in the house of the applicant.
In Union of India Vs. K.A. Najeeb (2021) 3 SCC 713, the Hon'ble Apex Court has observed that:-
"15. This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee v. Union of India SCC para-15 it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, all attending facts and circumstances of the case, without expressing any opinion on 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 Uday Chaudhary in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 15.5.2023
Ruhi
