Allowed

Uttam Das v. State of U.P.

Allahabad HC5 Nov 2020BAIL/31050/2020

Case brief

AI extract

What is this about?

This is a bail application by Uttam Das accused of murder under Section 302 IPC. The High Court granted bail, relying on Article 21 and a Supreme Court precedent, noting the applicant has a clean record and there was a possibility of frustration-induced suicide. Bail was granted subject to strict conditions and temporarily without sureties.

What did the court decide?

Applicant released on personal bond with two sureties to be furnished within a month; granted initial release without sureties due to court functioning delays.

Uttam Das Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31050 of 2020

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Applicant :- Uttam Das Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Jha Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned A.G.A. and also perused the record.

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The present bail application filed on behalf of Uttam Das seeking his bail in connection with Case Crime No.1107 of 2019, u/s 302 I.P.C., P.S.-Sector 39 NOIDA, District-Gautam Budh Nagar.

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Submission of learned counsel for the applicant is that the F.I.R. was lodged by mother-in-law of the applicant with the allegation that the informant's daughter Dipti Sarkar got married with the applicant and the couple was blessed with one son, who is aged about five years. The married woman Dipti Sarkar started having an affair with one Amit Vishwas and this relationship has got deepen. Despite the fact that Dipti Sarkar was a married woman, she joined the company of Amit Vishwash at Panipat. The self-esteemed husband Uttam Das has taken her wife back and started residing in a P.G. On the fateful day the dead body of the wife was found and the police has registered a case against the husband Uttam Das (applicant). Post-mortem report clearly reveals that there is singular ligature mark around the neck of the deceased, suggestive of the fact that she died on account of ante mortem hanging and no other injury has been found over her person. This seems that being perturbed by the action taken by the applicant and out of sheer frustration the deceased has taken this extreme step. The applicant is in jail since 17.10.2019 having no criminal antecedents.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, 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, the Court is of the view

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that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Uttam Das, who is involved in aforementioned Case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.

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(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 IPC.

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(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., MAY BE ISSUED AND IF 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 IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL

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WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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1. 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.

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

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3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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4. 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.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this Court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 5.11.2020 M. Kumar

Uttam Das v. State of U.P.

Case brief

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Uttam Das v. State of U.P.

Case brief

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