Single Judge of Allahabad High Court allowed bail in a 498A/304B IPC dowry death case by application of Satendra Kumar Antil dictum regarding jail overcrowding, without expressing opinion on merits.
Release on bail via personal bond and two sureties of same amount on surrender of FIR and undertaking not to seek adjournments.
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Neutral Citation No. - 2023:AHC:232646
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45025 of 2023
Applicant :- Ishpal Singh @ Ishpal @ Yashpal Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Vinay Kumar Tripathi, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Ishpal Singh @ Ishpal @ Yashpal, with a prayer to release him on bail in Case Crime No. 494 of 2023, under Sections 498A,304B,506 IPC section 3/4 D.P. Act Police Station Roza, DistrictShahjahanpur, during pendency of trial.
There is allegation against the applicant of causing dowry death of his daughter-in-law.Learned counsel for the applicant has submitted that it is case of false implication.Deceased committed suicide because she was unable to adjust in her matrimonial home.She did not cordial relation with her husband also.Her husband was unemployed.The information of incident was given by sister-in-law of the informant.They joined the funeral of the deceased thereafter First Information Report has been lodged on the next day after legal advice. The applicant is in jail since 27.7.2023 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
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 applicant has made out a case for bail. The bail application is allowed
Let the applicant 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.12.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail considering the nature of the offence, evidence, and overcrowding in jails?
Whether the fundamental right to a speedy trial under Article 21 mandates bail in this under-trial situation?
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Applied¶10
_Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021_
4 provisions across 4 enactments
Ishpal Singh @ Ishpal @ Yashpal
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
