Allowed

Poonam Devi v. State of U.P.

Allahabad HC3 Jul 2023BAIL/20053/2021

Case brief

AI extract

What is this about?

Honble Siddharth J. allowed the bail application of Poonam Devi, granting her release on bond and two sureties. The court cited constitutional rights to speedy trial and jail overcrowding, directing the trial court to conclude the case within one year.

What did the court decide?

Release on bail with personal bond and two sureties, conditioned on personal presence for critical trial stages and prohibition on tampering with evidence.

Poonam Devi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130505

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20053 of 2021

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Applicant :- Poonam Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.),Pulak Ganguly,Vikash Kumar Tiwari Counsel for Opposite Party :- G.A.,Khurshed Alam

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Poonam Devi, with a prayer to release her on bail in Case Crime No. 137 of 2019, under Sections 304, 506 IPC, Police Station Khampar, District- Deoria, during pendency of trial.

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This is second bail application of the applicant. The first bail application of the applicant was rejected by co-ordinate Bench of this Court on 06.01.2021. As per the order of Hon'ble The Chief Justice dated 27.4.2022 since more than two years have passed from the date of rejection of the first bail application, hence this Court can hear this application.

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Learned counsel for the applicant has submitted that before the trial court, three prosecution witnesses have been examined till date. Examination of PW-4 is in progress. The applicant is a woman and entitled to benefit of Section 437 Cr.P.C. She has no criminal history to her credit and is languishing in jail since 29.5.2019. In case, the applicant is released on bail, she will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.

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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 :-

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"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

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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."

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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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 she 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.

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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 her absence, without sufficient cause, the Trial Court may proceed against her 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 her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against her 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 her in accordance with law.

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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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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 court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.

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The Registrar (Compliance) of this Court is directed to communicate this order to the court concerned within 10 days.

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Order Date :- 3.7.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Poonam Devi v. State of U.P.

Case brief

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Poonam Devi v. State of U.P.

Case brief

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