This court allowed the bail application of Preeti, who was under trial for murder, conspiracy, and criminal intimidation. The court granted bail considering jail overcrowding, the uncertainty of the trial, and fundamental rights, without expressing an opinion on the merits of the case.
Release on bail furnished by personal bond and two sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:222285
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48778 of 2023
Applicant :- Preeti Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Preeti, with a prayer to release him on bail in Case Crime No. 77 of 2023, under Sections 302,120-B,504,506 IPC Police Station Kaila Devi, District- Sambhal, during pendency of trial.
There are allegations against the applicant of committing offences of murder, conspiracy, criminal intimidation with common intention. Learned counsel for the applicant has submitted that initially in the First Information Report, Ghalendra, Mahendra and Bhupendra were implicated.The applicant is wife of co-accused, Ghalendra. She has been falsely implicated in this case. Applicant was allegedly having illicit relationship with deceased.She had strained relation with her husband.The applicant was not named in the First Information Report.She has been subsequently implicated alongwith other coaccused. Even otherwise she had no intention to cause murder of the deceased.The murder has been caused by her husband.Co-accused, Madhvesh and Pappu implicated later have been enlarged on bail by this court vide orders dated 15.9.2023 and 7.11.2023 in Criminal Misc. Bail Application Nos. 39256 and 46017 of 2023.The applicant is in jail since 30.4.2023 and has no criminal history.
Learned A.G.A. has 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 her 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.
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.11.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, an under-trial woman accused of murder and conspiracy, satisfies bail conditions.
Whether fundamental rights under Article 21 regarding speedy trial and jail overcrowding justify bail.
Whether the applicant has made out a case for bail without going into merits of the case.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Applied¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
6 provisions across 3 enactments
Preeti
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
