Rani Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

Rani Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Rani Devi to be released on bail in Case Crime No.34 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions enumerated in the order.

Issue for consideration

Whether the applicant, Rani Devi, should be released on bail in Case Crime No.34 of 2022 (under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Satti, district Kanpur Dehat) during pendency of trial. +1 more

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, on the ground of parity with co-accused Ram Kishun (whose parity claim the learned AGA did not dispute), having regard to the larger mandate of Article 21 of the Constitution, the dictum of the Apex Court in Satendra Kumar Antil v. C.B.I., and 5-6 times overcrowding of jails by undertrials, without expressing any opinion on the merits of the case.

Ratio / Principle

Release on bail is subject to conditions: (i) no tampering with evidence or threatening witnesses; (ii) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present, default being treated as abuse of liberty of bail; (iii) presence before the Trial Court on each date fixed, failing which proceedings may follow under Section 229-A IPC; (iv) if liberty of bail is misused and proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear, proceedings under Section 174-A IPC may be initiated; (v) personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; breach of any condition to be a ground for cancellation of bail, and identity and residence proof of applicant and sureties to be verified before bonds are accepted.

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.) allowed Criminal Misc. Bail Application No.1372 of 2023 and directed release of applicant Rani Devi on bail in Case Crime No.34 of 2022, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Satti, district Kanpur Dehat, during pendency of trial. Bail was granted on the ground of parity with co-accused Ram Kishun, who had been granted bail by the Court on 28.9.2022 in Criminal Misc. Bail Application No.40676 of 2022, a parity claim the learned AGA did not dispute, and in view of the larger mandate of Article 21 of the Constitution of India, the dictum of the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No.5191 of 2021, judgement dated 11.7.2022) and 5-6 times overcrowding of jails by undertrials, without expressing any opinion on the merits. The applicant, languishing in jail since 28.7.2022, was to furnish a personal bond and two sureties each in the like amount, subject to conditions including non-tampering with evidence, an undertaking not to seek adjournments when witnesses are present, presence before the Trial Court on fixed dates (with consequences under Sections 229-A and 174-A IPC and Section 82 Cr.P.C. for default), and personal presence at opening of the case, framing of charge and Section 313 Cr.P.C. statement; breach of conditions to be a ground for cancellation of bail.