Prem Chandra v. State of U.P

Reserved On:- 12.10.2023 Delivered On:-18.10.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36660 of 2023 Applicant :- Prem Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A.,Amit Rana Hon'ble Siddharth,J.

¶1Heard; Sri Sujata Choudhary, learned counsel for the applicant; Sri Rajesh Verma, Advocate, holding brief of Sri Amit Rana, learned counsel for informant as well as the learned AGA for the State and perused the material placed on record.

¶2The instant bail application has been filed on behalf of the applicant, Prem Chandra, with a prayer to release him on bail in Case Crime No. 520 of 2022, under Sections , 498-A, 323, 304-B IPC, and Section ¾ of D.P. Act, Police Station Partapur, District-Meerut, during pendency of trial.

¶3There is allegation in FIR that daughter of informant was married to the applicant about two years ago as per Hindu Marriage Rites. In marriage about Rs. 8 lakhs were spent by the informant, but applicant and co-accused were not happy and were demanding Rs. 5 lakhs from the informant side for the purpose of doing business. When the informant side expressed in-ability to provide the aforesaid amount, deceased was done to death by way of hanging.

¶4Learned counsel for the applicant has submitted that it is a case of false implication of the applicant. Deceased had left behind her minor child less than a year of age. She was quarrelsome lady and used to quarrel on petty issues in her matrimonial home. She wanted the applicant to live apart from her parents to which applicant was not willing since his brother has already separated from the joint family and there was no one to look after his parents. Learned counsel for applicant has further submitted that allegations in FIR is that demand of Rs. 5 lakhs was being made for the purpose of setting up business by the family of the applicant cannot be said to be demand of dowry or additional dowry. She has further submitted that there is no evidence that soon before her death deceased was subjected to any cruelty or harassment for demand of dowry.The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 07.11.2022. The trial in the aforesaid case is not likely to be concluded in near future.

¶5Learned A.G.A. and learned counsel for informant have vehemently opposed the submissions made by the applicant, but they could not dispute the aforesaid contention.

¶6Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in 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, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated

11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

(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.

¶7In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶8Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :-18.10.2023 Abhishek High Court of Judicature at Allahabad