The larger mandate of Article 21 of the Constitution of India and the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another can be considered while granting bail to an accused.

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11869

of 2022

Applicant :- Shameem

Opposite Party :- State of U.P.

Counsel for Applicant :- Ram Raj Pandey

Counsel for Opposite Party :- G.A.,Anurag Yadav,Mahendra

Pratap

Hon'ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned

AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the

applicant, Shameem, with a prayer to release him on bail in

Case Crime No. 421 of 2021, under Sections 498A, 304B IPC

& 3/4 D.P. Act, Police Station- Khekra, District- Baghpat,

during pendency of trial.

There is allegation against the applicant of causing dowry death

of his wife. The cause of death of the deceased was not

ascertained; viscera was preserved.

Learned counsel for the applicant has submitted that the

deceased may have consumed poison on account of mis-

adjustment in her matrimonial home and dispute between the

applicant and the deceased. There is no mark of injury was

found on the body of the deceased. The applicant has been

falsely implicated in this case. He has no criminal history to his

credit and is languishing in jail since 03.10.2021. The trial in

the aforesaid case is not likely to be concluded in near future.

Per 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 he will again indulge in similar activities and will misuse

the liberty of bail.

Having considered the submissions of the parties noted above,

finding force in the submissions made by the counsel for the

applicant, 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.

In case, of breach of any of the above conditions, it shall be a

ground for cancellat