This single-judge bail application was allowed for the accused, Sanjiv Singh, charged with dowry death. The Single Judge considered lack of witness corroboration, absence of prior criminal history, and critical jail overcrowding before granting bail subject to specific conditions.
Applicant allowed bail on personal bond and two sureties subject to conditions.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58422 of 2022
Applicant :- Sanjiv Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tripathi 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, Sanjiv Singh, with a prayer to release him on bail in Case Crime No. 61 0f 2020, under Sections 498-A,3-4-B,201 IPC and section 3/4 D.P. Act Police Station Ahirauli Bazar, DistrictKushinagar, during pendency of trial.
There is allegation against the applicant of causing dowry death of his wife. Learned counsel for the applicant has submitted that statements of P.W.1.P.W.2 and P.W.3, father, mother and brother of the deceased, have been recorded before the trial court, who have not supported the prosecution case.The applicant is in jail since 4.1.2021 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.
in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.2.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a dowry death case considering the lack of corroboration by prosecution witnesses and prison overcrowding.
How to balance the severity of the offence with the accused's fundamental right to a speedy trial and the reality of jail overcrowding.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Sanjiv Singh
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
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