Allahabad High Court
Vishwanath Pratap Singh vs State Of U.P. on 17 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:107084
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15948 of 2023
Applicant :- Vishwanath Pratap Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Tiwari,Aushim Luthra,Sr. Advocate
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Manish Tiwari, Senior Advocate, assisted by Sri Abhishek Tiwari, learned counsel for applicant and Sri Paritosh Malviya, learned A.G.A.-I for State.
Applicant- Vishwanath Pratap Singh, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. of 0401 of 2019 under Sections 420, 406, 306, 120B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Jhunsi, District - Prayagraj after rejection of his Bail Application vide order dated 06.03.2023 passed by Additional District and Sessions Judge, Court No.-16, Prayagraj.
In the present case, F.I.R. was lodged on 02.05.2019 for an offence under Section 420 I.P.C. and 3/4 of Dowry Prohibition Act, 1961 against one Kalka Pratap Singh (younger brother of present applicant), however, it appears that victim who has committed suicide later on died and investigation was carried out for the offence under Section 306 I.P.C. According to viscera report poisonous substance was found.
Learned Senior Counsel submits that during investigation applicant has approached this Court and there was stay of his arrest and after investigation, final report was submitted on 18.09.2021 and the allegation that younger brother of present applicant whose marriage was scheduled to be solemnized with the victim and they were also made physical relationship, however, later on due to certain circumstances that alleged victim was in a relationship with another person and due to this marriage was called off and in these circumstances, victim committed suicide was found untrue, however, it appears that before submitting final report before the Court, the Senior Officer has directed for further investigation and finally a charge-sheet was filed on 07.05.2022 against applicant, his younger brother and other co-accused for the offences under Sections 420, 406, 306, 120B I.P.C. and 3/4 of Dowry Prohibition Act.
Learned Senior Counsel submits that applicant was not arrested during investigation as well as neither he was called for interrogation nor the prosecution has taken any steps to get stay vacated, however, he fairly submits that it appears that after filing of charge-sheet, learned Magistrate took cognizance of offence against applicant and co-accused and summons were issued but the applicant has not responded and even he has not responded to non-bailable warrant and thereafter coercive measures were taken under Sections 82 Cr.P.C. and that applicant was arrested on 04.02.2023 and since then he is in jail.
Learned counsel further submits that the only adverse factor against applicant is that he has not responded of due process after cognizance, however, it cannot be disputed that applicant was never called for interrogation or was required for custodial investigation.
Learned A.G.A. has opposed the bail and submits that during investigation cogent evidence has been collected against applicant that prima facie he was involved in the above referred offence, however, it was not disputed that he was never interrogated and no steps were taken for custodial investigation i.e. no application was filed to get stay vacated. He also submits that according to viscera report poisonous substance was found.
It appears that applicant was never required for custodial investigation. At this stage, the Court is not commenting to the evidence collected during investigation which according to learned A.G.A. for State being prima facie against the applicant, however, after cognizance, summons were issued against applicant and undisputedly he has not responded and he was arrested only when coercive action was taken against him under Section 82 Cr.P.C.
Considering the various judgment passed by Supreme Court that when accused has not been arrested during investigation and his arrest is not necessary during trial, then he may not be unreasonably kept behind bars. Therefore, considering the nature of offence and facts and circumstances of present case as well as taking note of overcrowding in jail and that there is no circumstance which warrant that applicant may remain behind bars. Therefore, in the opinion of the Court, the applicant has made out a case of bail.
Let the applicant- Vishwanath Pratap Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 17.5.2023
P. Pandey
