Dhruv Kumar v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48047 of 2023 Applicant :- Dhruv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State.

¶2There is allegation against the applicant causing dowry death of his wife.

¶3Counsel for the applicant submits that the deceased died on account of single gun shot injury on her stomach. The Doctor, who examined her, stated that the deceased was alive when she was brought to him and she stated that she has caused the gun shot injury herself. He further submitted that the witness Surendra, co-villager has also stated that the deceased was hard headed woman and after quarrel with the applicant, she committed suicide when the applicant left the house. The applicant is in jail since

13.04.2023 and has no criminal history to his credit. Deceased has left behind her eight months child, who is to be looked after by the applicant. He further submits that learned A.G.A is not able to supply the copy of any other post-mortem report as per earlier order of this Court.

¶4On the other hand, learned A.G.A has opposed the prayer for bail, but he could not dispute the submissions urged by learned counsel for the applicant.

¶5Keeping 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; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; 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.

¶6Let the applicant-Dhruv Kumar, involved in Case Crime No.184 of 2023, under Sections-498A, 304B of IPC and Sections-3/4 of D.P. Act, Police Station-Karhal, District-Mainpuri, 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.

¶9Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year.

¶10Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days. Order Date :- 6.12.2023 Saif High Court of Judicature at Allahabad