Ramjeet Yadav and Another v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -36787 of 2023 Applicant :-Ramjeet Yadav And Another Opposite Party :-State of U.P. Counsel for Applicant :-Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :-G.A.,Devendra Kumar Hon'ble Siddharth,J. Heard learned counsel for the applicants, Sri Devendra Kumar, learned counsel for the first informant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicants, Ramjeet Yadav and Leelawati Devi with a prayer to release him on bail in Case Crime No. 172 of 2023, under Sections 498A, 304B, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Madhuban, District-Mau during pendency of trial. There are allegations against the applicants of causing dowry death of their daughter-in-law. Learned counsel for the applicants has submitted that the deceased was married in the year 2019 with the son of the applicants and she committed suicide in the night of 26.06.2023 by way of hanging. Counsel for the applicants argued on the last date that the husband of the deceased was working at NOIDA whereas deceased was living with their parents. He was calling the deceased on a mobile phone but her mobile phone was busy. On request of counsel for applicant, call details has been filed by learned A.G.A., which shows that the deceased was talking on a particular mobile number for a very long time. Number of call details have been brought on record by learned A.G.A. before this Court. It has been found that the mobile number where on the deceased was talking belonged to her Bua. Learned counsel for the applicants submitted that the deceased was either talking to her Bua or with someone else on the mobile number, thereafter, she committed suicide by way hanging. There is no role of the applicants in the entire incident. Applicants are father-in-law and mother-in-law of the deceased. They have been falsely implicated in this case. They have no criminal history to their credit and are languishing in jail since 07.07.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; 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 applicants shall not tamper with the evidence or threaten the witnesses.

(ii) The applicants 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 applicants 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 applicants 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 applicants 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, it shall be a ground for cancellation of bail. Identity and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 6.11.2023 Mini High Court of Judicature at Allahabad