Allowed bail application filed by Virendra Kumar Yadav in a dowry death case, releasing him on personal bond and two sureties subject to strict conditions regarding court appearance and trial conduct, directing speedy trial conclusion.
Released on bail on personal bond and two sureties subject to conditions of appearance and conduct.
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Neutral Citation No. - 2023:AHC:189888
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47752 of 2022
Applicant :- Virendra Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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 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 his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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.
(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.
(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.
(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.
verified by the court concerned before the bonds are accepted.
10 . Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days .
Order Date :- 3.10.2023 Abhishek
Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, an under-trial accused in a dowry death case, should be released on bail.
Whether standard bail conditions including appearance requirements and restrictions on adjournments should be imposed.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶11
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021, judgement dated 11.7.2022
4 provisions across 2 enactments
Virendra Kumar Yadav
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
