Allowed

Dhurbal Yadav v. State of U.P.

Allahabad HC8 Feb 2023BAIL/1442/2023

Case brief

AI extract

What is this about?

This High Court allowed a bail application by Dhurbal Yadav charged with dowry death and culpable homicide under Sections 498A and 304B IPC. The court considered the applicant's health issues and overcrowding in jails, granting bail with strict conditions and directing a speedy trial.

What did the court decide?

Applicant released on bail on personal bond and sureties subject to conditions; trial court directed to conclude trial within one year.

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

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1442 of 2023

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Applicant :- Dhurbal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Uttar Kumar Goswami Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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There is allegation against the applicant of causing dowry death of his daughter-in-law.

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Learned counsel for the applicant submits that the deceased committed suicide because of ill health. He has pointed out to the statement of the informant stating that deceased used to get ill and thereafter medication was not provided by her husband. Learned counsel for the applicant further submits that applicant is suffering from spinal cord decease and is under treatment. He is in jail since 29.11.2022. Applicant had criminal history of case in which he is on bail in Criminal Appeal No.4442 of 2005.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and 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 considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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.

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Let the applicant, Dhurbal Yadav , involved in Case Crime No.254 of 2022, under Sections 498A, 304B I.P.C and Section 3/4 of D.P. Act, Police Station Shadiabad, District- Ghazipur 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 not tamper with the evidence or threaten the witnesses.

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(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

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Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(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.

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(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.

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(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.

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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.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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.

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Order Date :- 8.2.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Dhurbal Yadav v. State of U.P.

Case brief

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Dhurbal Yadav v. State of U.P.

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