Allowed

Poonam and Another v. State of U.P.

Allahabad HC14 Feb 2023BAIL/2114/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by applicants charged with offences under IPC Sections 147, 148, 149, 307, 302, and 34. Relying on overcrowding concerns in jails and the right to speedy trial under Article 21, the Court granted bail without expressing an opinion on the merits of the case while imposing strict conditions.

What did the court decide?

Release of the applicants on bail subject to furnishing a personal bond and two sureties each, and compliance with specific conditions of reportage and non-interference with witnesses.

Poonam and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2114 of 2023

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Applicant :- Poonam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Vineet Vikram Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav

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Hon'ble Siddharth,J.

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Heard Shri Imran Ullah, learned counsel for the applicants; Shri Sunil Yadav holding brief of Shri Yashpal Yadav, learned counsel for the informant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicants, Poonam and Nilam, with a prayer to release them on bail in Case Crime No. 180 of 2022, under Sections 147,148,149,307,302,34 IPC Police Station Dullahpur, District- Ghazipur, during pendency of trial.

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There is allegation against the applicants of rioting, forming illegal assembly and committing the offence of attempt to murder and murder with common object.Learned counsel for the applicants has submitted that role of causing firearm injury has been assigned to co-accused, Janardan.The applicants are alleged to have surrounded the deceased and subsequently in the statement of the injured role of exhortation has been assigned to the applicants.They were not named in the First Information Report The applicants are in jail since 24.9.2022 and have no criminal history.

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Learned counsel for the informant has opposed the bail prayer of the applicants and submitted that main role in the incident has been assigned to the ladies of the house of the accused who surrounded the deceased and after he fell down, he was fired upon by co-accused, Janardan Yadav.

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Learned A.G.A. has also opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

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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; considering the dictum of Apex Court in the 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 ; 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 applicants has made out a case for bail. The bail application is allowed

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Let the applicants be released on bail on their 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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Applicants will report their presence before the police station Dullahpur in the first week of every month till the conclusion of trial.The presence of the applicants will also be communicated to the trial court in every week.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That the applicants shall not, directly or indirectly,

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make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

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The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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The applicants 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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him 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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Order Date :- 14.2.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Poonam and Another v. State of U.P.

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Poonam and Another v. State of U.P.

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