Single judge allowed bail application of Ishwar Tyagi, amidst allegations of outraging modesty and attempt to commit rape, citing overcrowding, lack of medical evidence, and apex court guidance on speedy trial without expressing opinion on merits.
Applicant released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Neutral Citation No. - 2023:AHC:228383
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51617 of 2023
Applicant :- Ishwar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri I.K. Chaturvedi, learned Senior Counsel assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Ishwar Tyagi, with a prayer to release him on bail in Case Crime No. 1428 of 2023, under Sections 354,354-A,376,377,506 IPC Police Station Indirapuram, District- Ghaziabad, during pendency of trial.
There is allegation against the applicant of outraging modesty of his daughter-in-law and attempt to commit rape.Learned counsel for the applicant has submitted that earlier First Information Report was lodged by the informant under section 498-A,406/34 I.P.C. against the applicant and other family members at Delhi.Now the present implication has been made. In the present case compromise has taken place between the parties.It is a case of false implication.Applicant is father- in-law of the victim. The victim refused to get her internal or external examination, therefore, there is no corroborative medical evidence. The applicant is in jail since 3.10.2023 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 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.
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 :- 2.12.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of offences and overcrowding in jails?
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Ishwar Tyagi
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
