Satyam Singh v. State of U.P. Thru. Secy. Home

(E-Court) Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5772 of 2023 Applicant :- Satyam Singh Opposite Party :- State Of U.P. Thru. Secy. Home Counsel for Applicant :- Devendra Pratap,Sagar Singh,Shashank Shekhar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, of Sri Ran Vijay Singh, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.69 of 2023 under Section 306 IPC, PS Makhi, district Unnao.

¶3Learned counsel for the applicant has submitted that FIR has been lodged by the father of deceased in which he has mentioned that his daughter committed suicide on 22.3.2023 and her room was locked from inside. He has further mentioned in the FIR that his daughter died because of harassment done by the applicant and co-accused.

¶4Learned counsel for the applicant has submitted that chargesheet has been filed under Section 306 IPC and there is no connecting evidence which may indicate that the applicant was involved in commission of crime. He has further submitted that there is no active act on the part of the applicant which can be attributed and there is no instigation done on the part of the applicant in commission of crime. He has further submitted that no ingredient of Section 107 IPC is found in the present case and the call detail has been recorded which indicates that 257 times conversation was done between the present applicant and further call detail indicates that 53 times deceased had talked to him. Similarly, call detail of co-accused is also annexed with the supplementary affidavit filed by State, which also indicates that numerous times there is conversation between the applicant and the deceased. Learned counsel for the applicant has submitted that call details indicates relation between the applicant and the deceased but there is no evidence which may indicate that the applicant has instigated the deceased to commit crime. It has been submitted that statement of complainant is same as stated in the FIR and he is also unable to point out any evidence which may indicate that the applicant was involved in commission of crime.

¶5On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts.

¶6Considering the over all facts and circumstances of the case, the argument that there is no evidence found against the applicant in commission of crime,the argument that there is no ingredient of Section 107 IPC found, the argument that the conversation between the applicant and deceased also indicates that deceased had called the applicant numerous times, it is a fit case for bail.

¶7Let the applicant, namely, Satyam Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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.

(iv) 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.

¶8It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 5.12.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench