Allowed

Arvind Yadav v. State of U.P.

Allahabad HC6 Feb 2023BAIL/55398/2022

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court awarded bail to Arvind Yadav, who was under trial for dowry death (d. 304B IPC) and conspiracy. The court acknowledged the case nature but emphasized the fundamental right to speedy trial and jail overcrowding under Article 21.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount, subject to standard conditions including appearance in court and non-tampering with evidence.

Arvind Yadav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55398 of 2022

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Applicant :- Arvind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh,Rajendra Prasad Counsel for Opposite Party :- G.A.

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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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There is allegation against the applicant of causing dowry death of his wife.

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Learned counsel for the applicant submits that the applicant was working at Delhi and deceased wanted to go with him as she lived in her matrimonial home with members of family. He has submitted that the deceased committed suicide because of the aforesaid reason. Learned counsel for the applicant further submits that the mother of the decesed executed sale deed in her favour on 31.05.2017 soon after her marriage since deceased had only two more sister and no brother. Hence her mother had divided her property between three daughters and the first information report has been lodged to get part of aforesaid property from the family members of her matrimonial home, which was given to deceased by her mother before her death. The applicant has been assigned the role of conspiracy only. He is in jail since 14.08.2022.

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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, Arvind Yadav, involved in Case Crime No.171 of 2022, under Sections 498A, 304B, 120B I.P.C and 3/4 of D.P. Act, Police Station Kandharapur, District- Azamgarh 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 :- 6.2.2023 SS

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

Arvind Yadav v. State of U.P.

Case brief

What is this about?

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Arvind Yadav v. State of U.P.

Case brief

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