The High Court allowed the bail application of Ram Bhajan Kol accused of abetting his wife's suicide and dowry demand under Sections 498-A and 306 IPC, citing jail overcrowding and Article 21 rights without deciding merits.
Applicant released on bail with personal bond and two sureties subject to standard conditions and trial completion within one year.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58752 of 2022
Applicant :- Ram Bhajan Kol Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Shukla 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, Ram Bhajan Kol, with a prayer to release him on bail in Case Crime No. 126 of 2022, under Sections 498-A,306 IPC Police Station Karma, District- Sonbhadra, during pendency of trial.
There is allegation against the applicant of abetting of suicide of his wife and demand of dowry.Learned counsel for the applicant has submitted that applicant was married with the deceased in the year 2007. She committed suicide by jumping inside the pond. She has left behind three children aged about 10,08 and 05 years. There was no demand of dowry.The deceased committed suicide because of misadjustment with applicant and family members of her matrimonial home. The applicant is in jail since 11.9.2022 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.
be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 16.2.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail pending trial in a case alleging abetment of suicide under Sections 498-A and 306 IPC.
Whether the applicant has made out a case for bail considering the overcrowding of jails and right to speedy trial under Article 21.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021
3 provisions across 3 enactments
Ram Bhajan Kol
State of U.P.
Siddharth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
