Shahrukh v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49625 of 2023 Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.,Raj Kumar Kesari Hon'ble Siddharth,J.

¶1Heard Sri Abhishek Gupta, learned counsel for the applicant; Sri Raj Kumar Kesari, 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, Shahrukh, with a prayer to release him on bail in Case Crime No. 204 of 2023, under Sections 306 IPC, Police Station-Dankaur, District-Gautam Budh Nagar, during pendency of trial.

¶3There is allegation against the applicant of abetting his wife to commit suicide.

¶4Learned counsel for the applicant has submitted that deceased committed suicide by way of hanging. Her minor son aged about six and half years has stated before police that deceased committed suicide. He has not implicated any one for committing the aforesaid offence for abetting of suicide by the deceased. Learned counsel for applicant has further submitted that on account of quarrel between the deceased and family members of her matrimonial home, she committed suicide. The independent eye witness has stated that the deceased was slightly mentally challenged and earlier she also tried to commit suicide, but she was saved. This time she again tried the same and committed suicide by way of hanging. In the statements of applicant's child recorded under section 161 Cr.P.C., and 164 Cr.P.C., it has come that applicant was not present in house at the time of alleged incident. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since

22.08.2023.

¶5Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer for bail of the applicant and they pointed out to the statement of eye witness which shows that the deceased was subjected to strangulation, but they have not been able to corroborate the same . In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

¶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 :- 4.12.2023 Abhishek High Court of Judicature at Allahabad