Allowed

Smt. Shashi v. State of U.P.

Allahabad HC11 Jul 2023BAIL/52183/2022

Case brief

AI extract

What is this about?

In this criminal bail application, the Allahabad High Court granted bail to the applicant, Smt. Shashi, charged under Section 306 IPC for instigating suicide, citing overcrowding in jails and the right to speedy trial under Article 21 as key determinants.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, verified by the court, subject to conditions for court attendance and conduct.

Smt. Shashi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:136978

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52183 of 2022

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Applicant :- Smt. Shashi Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.,Om Narayan Mishra

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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Counter affidavit filed by learned A.G.A is taken on record.

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Initially the FIR was lodged alleging commission of offences of intoxication and murder of the deceased by the applicant.

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Counsel for the applicant submits that subsequently it was found that on account of relationship of the deceased with the applicant, the deceased committed suicide by consuming poison. Hence, the implication of the applicant was made under Section 306 IPC. Counsel for the applicant also submits that the applicant is a widow. The deceased was having one sided affair with her and he committed suicide. The applicant was falsely implicated in this case. She is in jail since 21.09.2022 and has no criminal history to her credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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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 undertrial 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., passed in S.L.P (Crl.)

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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.

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Let the applicant, Smt. Shashi, involved in Case Crime No. 113 of 2021, under Section- 306 IPC, Police StationChilkana, District- Saharanpur, 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.

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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 she 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 her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against her 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 her in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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 :- 11.7.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Smt. Shashi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Shashi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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