Allahabad High Court
Intezar vs State Of U.P. on 3 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188818
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41441 of 2023
Applicant :- Intezar
Opposite Party :- State of U.P.
Counsel for Applicant :- Abhay Krishna Singh,Sadrul Islam Jafri,Sr. Advocate
Counsel for Opposite Party :- G.A.,Syed Mohd. Abbas Ali,Vipul Shukla
Hon'ble Siddharth,J.
Counter affidavit filed by learned counsel for the informant is taken on record.
Heard Sri S.I. Jafri, learned counsel for the applicant, Sri Vipul Shukla, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant of committing offence of dowry death of his wife.
Learned counsel for the applicant submits that there are two dying declarations of the deceased recorded before her death on 24.10.2022 and 25.10.2022 respectively. In the first dying declaration she has not made any allegation against anyone. She has stated that after some quarrel she poured kerosene oil upon herself and set herself on fire. However, in second dying declaration she has made general allegations against the applicant and other family members of her matrimonial home that they poured kerosene oil upon her and put her on fire. Learned counsel for the applicant further submits that earlier she lodged a complaint before the police later it was withdrawn on 20.11.2021. Applicant also suffered serious burn injuries while trying to save the deceased. He is languishing in jail since 28.10.2022.
Learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the above submissions.
After hearing the rival contentions of the parties, this court finds that at the stage of consideration of bail there are two dying declarations of deceased. Which one is reliable cannot be decided at this stage.
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, Intezar, involved in Case Crime No.313 of 2022, under Sections 498-A, 323, 504, 307, 304-B, 342 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Mainather, District- Moradabad 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 :- 3.10.2023
SS
