Monu v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -6260 of 2023 Applicant :-Monu Opposite Party :-State of U.P. Counsel for Applicant :-Alok Sharma Counsel for Opposite Party :-G.A. Hon'ble Siddharth,J. Supplementary-affidavit filed today, is taken on record. 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, Monu, with a prayer to release him on bail in Case Crime No. 93 of 2022, under Sections 498-A, 304B IPC, and 3/4 of D.P. Act, Police Station-Kalan, District-Shahjahanpur, during pendency of trial. There is allegation in FIR that daughter of the informant aged about 20 years was married to the applicant on 02.05.2021. Thereafter, demand of motorcycle was being made by the accused persons. It has also alleged that applicant used to consume liquor and alongwith other co-accused persons, harassed the deceased. The informant took the deceased to his house on 26.07.2021 and she informed him about the conduct of the applicant and other co-accused. On 14.02.2022, she went back to her matrimonial home and committed suicide by way of hanging on 17.02.2022. Learned counsel for the applicant has submitted that within three days of return to her matrimonial home, the deceased committed suicide. There is no evidence as to what cruelty was made out to her in her matrimonial home in three days which compelled her to commit suicide. Learned counsel for applicant has further submitted that deceased was got married to the applicant against her wishes and hence she committed suicide by way of hanging. It is not a case of dowry death. Earlier also she left her matrimonial home after about two months of her marriage and went back to her parental home. After about seven months she came back and committed suicide. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 23.02.2022. 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 :- 8.11.2023 Abhishek High Court of Judicature at Allahabad