Subhawati and 2 Others v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -44733 of 2023 Applicant :-Subhawati And 2 Others Opposite Party :-State of U.P. Counsel for Applicant :-Manoj Kumar Maurya,Mahtab Alam Counsel for Opposite Party :-G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant 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 applicant, Subhawati, Vidywati and Indrawati, with a prayer to release them on bail in Case Crime No. 141 of 2023, under Sections 147, 304, 504 of IPC, Police Station-Srirampur, District-Deoria, during pendency of trial. There is allegation against the applicants of causing the offence of culpable homicide not amounting to murder of one person. Learned counsel for the applicant has submitted that it is a case of single blow on head. It cannot be said that there was intention to cause murder of deceased. Learned counsel for applicant has submitted that all the applicants are women and they are entitled to get benefit of section 437 Cr.P.C. The applicants have been falsely implicated in this case. They have no criminal history to their credits. The applicant No. 1(Subhawati) and applicants Nos. 2 and 3(Vidywati and Indrawati) are languishing in jail since 22.07.2023 and 27.07.2023 respectively. The trial in the aforesaid case is not likely to be concluded in near future. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail, she 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 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. 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 applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 7.11.2023 Abhishek High Court of Judicature at Allahabad