Single judge allowed bail to the applicant in a PWAI involving dowry death. Bail granted on personal bond and sureties with strict conditions regarding court attendance. Court directed speedy conclusion of the trial.
Release of applicant on bail with furnishing of personal bond and two sureties under specified conditions and directive for speedy trial.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34806 of 2020
Applicant :- Sagar Saini Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Govil,Ram Dutt Mishra,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
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, Sagar Saini, with a prayer to release him on bail in Case Crime No.53 of 2020, under Section 302 IPC, Police Station Sadar Bazar, District- Mathura, during pendency of trial.
There is allegation of causing dowry death of his wife against the applicant in the FIR.
Learned counsel for the applicant has submitted that informant, father of the victim, has been examined before the court below, wherein he has not made any allegation against the applicant. He has submitted that the applicant was not present in his house, when the deceased committed suicide. The applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 5.4.2020. 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, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , 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, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.
Order Date :- 31.8.2022 Ruchi Agrahari
Digitally signed by RUCHI AGRAHARI Date: 2022.08.31 17:10:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in the under trial stage for the alleged offence of dowry death under Section 302 IPC?
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
Sagar Saini
Siddharth
As recorded by the court registry
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Siddharth
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