Achchey Lal Gupta v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34773 of 2022 Applicant :- Achchey Lal Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Mehrotra,Santosh Kumar Gaur Counsel for Opposite Party :- G.A.,Rohit Singh Parmar,Vandana Singh Parmar Hon'ble Siddharth,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, Sri Rohit Singh Parmar, learned counsel for the informant and learned A.G.A. for the State. There is allegation against the applicant of committing murder of sister-in-law (Bhabhi) of the informant. Learned counsel for the applicant submits that it is admitted that the deceased was having illicit relation with the applicant and hence he has been implicated in this case. He has submitted that it is the informant, who has committed the murder of the deceased, who is his babhi. Thereafter he has falsely implicated the applicant in this case. Dead body of the deceased was recovered in a gunny bag. No blood stained earth was recovered from the place of incident. Before the trial court charges were framed in January, 2023. Dates are being fixed for examination of prosecution witnesses but no one is turning up. Applicant is in jail since 31.10.2021 and has no criminal history to his credit. Learned AGA has opposed the prayer for bail but could not dispute the above submissions. 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, Achchey Lal Gupta, involved in S.T. No. 116 of 2022 arising out of Case Crime No.243 of 2021, under Sections 302, 201, 506 and 34 I.P.C, Police Station Kaundhiyara, District-Prayagraj 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 :- 24.11.2023 SS High Court of Judicature at Allahabad High Court of Judicature at Allahabad