Allowed

Awadhesh @ Awadhu v. State of U.P.

Allahabad HC2 Nov 2023BAIL/46428/2023

Case brief

AI extract

What is this about?

One Sentence Summary: The High Court granted bail to the applicant in a criminal trial involving sections 306 and 306/107 IPC, considering his custody duration, lack of criminal history, overcrowding, and uncertainty regarding the trial's conclusion.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions including absence on trial dates and prohibition on tampering with witnesses.

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

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Neutral Citation No. - 2023:AHC:209840

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46428 of 2023

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Applicant :- Awadhesh @ Awadhu Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Satya Prakash Rathor Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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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 in the first information report that the applicant entered into the house of the informant on 06.03.2023 at about 7.30 p.m and outraged her modesty. When she raised alarm public of the locality came. Thereafter he ran away from the place after threatening. Thereafter when her husband and father-in-law came she informed about the incident to them. It is further alleged that on 08.03.2023 at about 4.00 p.m., co-accused Deepu @ Deepak and Arun @ Lala came to the house of the informant and took her husband for Holi festival party at about 10.30 p.m. The applicant and other co-accused left the deceased to his house back in the same night. Thereafter he committed suicide.

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Learned counsel for the applicant submits that it is a case of false implication of the applicant. From the allegation in the first information report and the statement of the victim the ingredients for constituting the offence under Section 306/107 I.P.C are not made out against the applicant. He has further submitted that it was the informant, who was having illicit relation-ship with other men and the deceased was quite disturbed with her conduct and hence he committed suicide. Applicant alleges false implication in this case. He is in jail since 17.08.2023 and has no criminal history to his credit.

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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, Awadhesh @ Awadhu, involved in Case Crime No.63 of 2023, under Sections 452, 354Ka, 506, 306 I.P.C, Police Station Moth, District- Jhansi 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 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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Order Date :- 2.11.2023 SS

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

Awadhesh @ Awadhu v. State of U.P.

Case brief

What is this about?

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Awadhesh @ Awadhu v. State of U.P.

Case brief

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What did the court decide?

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