Anushka @ Arti v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22419 of 2023 Applicant :- Anushka @ Arti Opposite Party :- State of U.P. Counsel for Applicant :- Rameshwar Prasad Mishra,Pawan Shukla Counsel for Opposite Party :- G.A.,Juned Alam,Pradeep Kumar Hon'ble Siddharth,J.

¶1Heard Sri Pawan Shukla, learned counsel for the applicant; Sri Pradeep Kumar, 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, Anushka @ Arti, with a prayer to release her on bail in Case Crime No. 29 of 2023, under Sections 498-A, 304-B, 323, 504, 506 IPC and 3/4 of D.P. Act, Police Station-Pipari, District-Kaushambi, during pendency of trial.

¶3There is allegation against the applicant of causing dowry death of her sister-in-law(bhabhi).

¶4Learned counsel for the applicant has submitted that deceased is unmarried sister-in-law(nanad) of deceased aged between 18-19 years. She has been implicated on the allegation that she put the deceased on fire alongwith her aunt (bua). There is dying declaration against her. Learned counsel for applicant has submitted that although there is dying declaration against the applicant and co-accused, but the deceased committed suicide after quarreling with two women in the house and putting herself on fire and implicated the applicant and co-accused, her bua. Being a lady the applicant is entitled to be benefit of under section 437 Cr.P.C. This is the first implication of applicant. She has been falsely implicated in this case. She has no criminal history to her credit and is languishing in jail since 28.02.2023. Trial has not commenced.

¶5Per 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, he 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.

¶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.

¶9The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of two years.

¶10Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 13.12.2023 Abhishek High Court of Judicature at Allahabad