Allowed

Kalwa v. State of U.P.

Allahabad HC24 Aug 2023BAIL/33647/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Kalwa, a second accused in a case involving dowry harassment and death. Relying on parity with a released co-accused and considering prison overcrowding and a recent Supreme Court judgment, the court granted bail without opining on merits.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of not tampering with evidence, cooperating in trial, and appearing for framing of charge and recording of Section 31

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

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Neutral Citation No. - 2023:AHC:170529

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33647 of 2023

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Applicant :- Kalwa Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi 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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This is the second bail application.

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The first bail application was rejected by the coordinate Bench of this court vide order dated 12.11.2021.This bail application has been nominated by the Hon'ble The Chief Justice vide order dated 20.8.2023 before this Bench.

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The submission is that co-accused, Munni Devi, has already been enlarged on bail vide Criminal Misc. Bail Application No. 42766 of 2020 on 7.7.2020 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicant is in jail since 17.7.2020.

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On the other hand learned A.G.A has opposed the prayer for bail.

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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, larger mandate of the Article 21 of the Constitution of India, considering 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 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

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bail. The bail application is allowed.

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Let the applicant, Kalwa , involved in Case Crime No. 245 of 2020, under Sections 498-A,304-B, 323,504 IPC, Police Station- Mandi Dhanaura DistrictAmroha/J.P. Nagar, 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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That the applicant shall not, directly or indirectly, 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 applicant 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 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 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 :- 24.8.2023 Atul kr. sri.

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

Kalwa v. State of U.P.

Case brief

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Kalwa v. State of U.P.

Case brief

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