Vivek @ Vicky Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Vivek @ Vicky Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Vivek @ Vicky released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions; interim enlargement on personal bond without sureties till normal functioning of the courts is restored, with sureties to be furnished within a month thereafter.

Issue for consideration

Whether the applicant Vivek @ Vicky, arraigned in Case Crime No. 1252 of 2018 under Sections 498-A, 304-B, 34, 120-B I.P.C. and Section 3/4 D. P. Act, P.S. Bisrakh, District Gautam Budh Nagar, should be released on bail during pendency of trial.

Court's answer

Bail granted: the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to specified conditions (including non-tampering with prosecution evidence/witnesses, sincere cooperation in trial without adjournments, no criminal activity, and that breach of conditions shall be a ground for cancellation of bail).

Ratio / Principle

Bail granted without expressing any opinion on the merits of the case, having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22.

Key takeaways

Condition: in case the applicant has been enlarged on short-term bail as per the order of the committee constituted under the orders of the Hon'ble Supreme Court, this bail shall be effective only after the period of short-term bail comes to an end.ratio¶14
Condition: until normal functioning of the courts is restored, the applicant shall be enlarged on bail on execution of personal bond without sureties, and shall furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶15

Detailed headnote1 paragraphs

Bail allowed — Allahabad High Court (Siddharth, J.), order dated 18.6.2020 in Criminal Misc. Bail Application No. 14481 of 2020. Applicant Vivek @ Vicky, husband of the deceased, sought bail in Case Crime No. 1252 of 2018, under Sections 498-A, 304-B, 34, 120-B I.P.C. and Section 3/4 D. P. Act, P.S. Bisrakh, District Gautam Budh Nagar, arising from the death of his wife on 11.11.2018 after she jumped from her 14th-floor flat, allegedly on account of harassment for dowry. Charge-sheet stood submitted against the applicant and his brother; co-accused brother-in-law (Devar) Vineet had already been enlarged on bail in Criminal Misc. Bail Application No. 46845 of 2019; the applicant, having no criminal history, was in jail since 24.5.2019. Considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Court released the applicant on bail on a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity; where the applicant holds short-term bail under a committee constituted under Supreme Court orders, this bail operates only after that period ends; pending restoration of normal court functioning, enlargement on personal bond without sureties with sureties to be furnished within a month thereafter; breach of conditions to be a ground for cancellation of bail.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14481 of 2020

Applicant :- Vivek @ Vicky Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned AGA for the State.

The instant bail application has been filed on behalf of the applicant, Vivek @ Vicky, with a prayer to release him on bail in Case Crime No. 1252 of 2018, under Sections 498-A, 304-B, 34, 120-B I.P.C. and Section 3/4 D. P. Act, P.S. Bisrakh, District Gautam Budh Nagar , during pendency of trial.

Applicant is husband of the deceased. He has been falsely implicated alongwith his family members and younger brother in this case. In the FIR, it is alleged that marriage of the applicant with the deceased took place in the year 2013. On the fateful day, on 11.11.2018 deceased jumped from her flat situated on 14th floor of a building and died. Allegation is that she committed aforesaid act on account of harassment for dowry. Deceased used to live in the flat alongwith her husband and brother-in-law (Devar), Vineet, who has been enlarged on bail by this Court in Criminal Misc. Bail application No. 46845 of 2019. Charge-sheet has already been submitted by the Investigating Officer against applicant and his brother. There is no possibility of tampering with prosecution witnesses. The applicant has no criminal history to his credit and is in jail since 24.5.2019.

Learned AGA has opposed the prayer for bail of the applicant.

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 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 :-

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 18.6.2020 Ruchi Agrahari