A criminal bail application was allowed for long incarceration under Section 437 CrPC, relying on recent Apex Court precedents regarding speedy trial, without expressing an opinion on the merits of the abetment of suicide charge.
Applicant released on personal bond and two sureties with strict conditions of evidence protection and trial attendance.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 66 of 2020
Applicant :- Sudesh Kurmi @ Adesh Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
List has been revised.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation against the applicant that he abeted suicide of his wife.
Learned counsel for the applicant submits that from the perusal of the first information report the ingredients of Section 306 I.P.C are not made out against the applicant. Learned counsel for the applicant has filed supplementary affidavit bringing on the record the statement of PW-I and PW-II, who have not supported the prosecution case before the trial court. Applicant is in jail since 17.06.2019.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgment being reproduced herein below as follows :-
"This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India, it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P (Crl.) No.5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sudesh Kurmi @ Adesh, involved in Case Crime No.104 of 2019, under Sections 201, 306 IPC, Police Station Talgram, District- Kannauj 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.
(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, the complainant is free to move an application for cancellation of bail before this court.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Order Date :- 22.9.2022 SS
Digitally signed by SURENDAR SINGH NARANG Date: 2022.09.22 18:04:33 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application for bail on long incarceration grounds drawn from the prosecution's weak case can be allowed without expressing opinion on merits?
Colour shows how this judgement treated each authority
Sudesh Kurmi @ Adesh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
