Allahabad High Court
Anuj 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:108021
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15860 of 2023
Applicant :- Anuj Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar
Counsel for Opposite Party :- G.A.,Prashant Sharma,Surendra Pratap Singh
Hon'ble Saurabh Shyam Shamshery,J.
1. Pursuant to this Court?s order dated 10.05.2023 Sri Pramod Kumar Sagar, Investigating Officer concerned is present. His appearance is exempted until otherwise required by this Court.
2. Heard Sri Vijay Singh Sengar, learned counsel for applicant and Sri Paritosh Malviya, learned AGA for State.
3. Applicant-Anuj Singh has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 33 of 2023, under Sections 306/511, 354, 354Ga, 504, 506, 452 IPC, Police Station Fafoond, District Auraiya, after rejection of his bail application vide order dated 22.03.2023 passed by Additional Sessions Judge/ Fast Track Court No. 1, Auraiya.
4. According to prosecution story applicant has taken steps for abetment of suicide and in pursuance of same victim attempted suicide, however, she was luckily saved. Investigating Officer after considering statement on record and other material filed charge sheet under Sections 306/511 IPC.
5. A question was raised, whether such offence can be made out or not as well as effect of Section 309 IPC.
6. Learned counsel for parties have placed a Constitution Bench judgment passed by Supreme Court in Smt. Gian Kaur vs. State of Punjab, AIR 1996 SC 1257 as well as a judgment passed by Kerala High Court in Berin P. Varghese and others vs. State of Kerala, 2007 SCC OnLine Ker 177 that in certain circumstances offence under Sections 306/511 IPC can be made out.
7. In view of above and considering that even prima facie offence has been made out under Sections 306/511 IPC still taking note that in case of conviction sentence would be upto five years only, therefore, without commenting on merit of case and also considering that applicant is in jail since 03.02.2023 and there is no material on record that in case of bail he would influence witnesses, a case of bail is made out.
8. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately.
9. Let the applicant-Anuj 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.
10. 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.
11. The bail application is allowed.
12. 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
AK
