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2023 Supreme(Online)(ALL) 14301
ALLAHABAD HIGH COURT
VIKAS BABU – Appellant
Versus
State – Respondent
BAIL/41531/2022
In cases of overcrowding in jails, bail may be granted to undertrials, considering the mandate of Article 21 of the Constitution of India.
Headnote:
BAIL - DOWRY DEATH - SECTION 498-A, 304-B IPC & 3/4 D.P. ACT - BAIL GRANTED CONSIDERING OVERCROWDING IN JAILS AND ARTICLE 21 OF THE CONSTITUTION OF INDIA
Fact of the Case:
The applicant was arrested for allegedly causing the dowry death of his wife by hanging. He filed a bail application, claiming that the deceased had an affair with another man and was not happy in her marriage, and that he had been falsely implicated.
Finding of the Court:
The court noted that the applicant had no criminal history and had been in jail since April 21, 2022. Considering the overcrowding in jails and the mandate of Article 21 of the Constitution of India, the court granted bail to the applicant subject to certain conditions.
Issues: Whether the applicant should be granted bail in a case of dowry death.
Ratio Decidendi: The court considered the applicant's lack of criminal history, the overcrowding in jails, and the mandate of Article 21 of the Constitution of India in granting bail.
Final Decision: The applicant was granted bail on the condition that he would not tamper with evidence, threaten witnesses, file an undertaking not to seek adjournments, remain present before the trial court on each date fixed, and be present in person for the opening of the case, framing of charges, and recording of statement under Section 313 Cr.P.C.
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41531 of 2022
Applicant :- Vikas Babu
Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chand Saroj
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit has been filed by learned counsel for the
applicant explaining criminal history of the applicant, which is taken
on record
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, Vikas Babu, with a prayer to release him on bail in Case
Crime No. 79 of 2022, under Sections 498-A, 304-B IPC & 3/4
D.P. Act, Police Station Ekdil, District- Etawah, during pendency
of trial.
There is allegation against the applicant of causing dowry death of
his wife by way of hanging.
Learned counsel for the applicant has submitted that the deceased
had affair with the some other boy, with whom she wanted to marry
him. She was not happy with the applicant and family members of
her matrimonial home, hence she committed suicide. The applicant
has been falsely implicated in this case. He has no criminal history
to his credit and is languishing in jail since 21.4.2022. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
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,
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 cancellation of bail.
Identity
