Allowed

Akash Yadav v. State of U.P.

Allahabad HC14 Jul 2023BAIL/9912/2022

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court granted bail to an under-trial applicant accused of dowry death, releasing him on personal bond and two sureties. The court relied on constitutional rights to speedy trial and jail overcrowding without opining on merits of the case.

What did the court decide?

Released on bail on furnishing personal bond and two sureties with conditions regarding evidence tampering, court attendance, and prohibition of adjournments.

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

¶1

Neutral Citation No. - 2023:AHC:140008

¶2

Court No. - 64

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9912 of 2022

¶4

Applicant :- Akash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tiwari,Mushir Khan Counsel for Opposite Party :- G.A.,Krishna Gopal

¶5

Hon'ble Siddharth,J.

¶6

Order-sheet of the court below has been placed by learned counsel for the applicant, which is taken on record.

¶7

Heard learned counsel for the applicant; learned counsel for the informant; learned AGA for the State and perused the material placed on record.

¶8

The instant bail application has been filed on behalf of the applicant, Akash Yadav, with a prayer to release him on bail in Case Crime No. 268 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Bithari Chainpuri, District- Bareilly, during pendency of trial.

¶9

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

¶10

Learned counsel for the applicant has submitted that the applicant is languishing in jail since 02.7.2021. On the date of incident, the brother of the deceased was present in her house. The deceased committed suicide by way of hanging. The applicant has been falsely implicated in this case. Before the trial court, two prosecution witnesses out 12 have been examined. Thereafter warrants are being issued to the witnesses, but no one is turning up.

¶11

Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶12

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; 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. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail

¶13

on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶14

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶15

(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.

¶16

(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.

¶17

(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.

¶18

(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.

¶19

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

¶20

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶21

Order Date :- 14.7.2023 Ruchi Agrahari

¶22

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Akash Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Deepak Vs State of U.P. and 3 Others

Sonu Vs State of U.P.

Ram Prakash Vs State of U.P.

Chetram @ Maithli Vs State of U.P.

Rohit Vs State of U.P.

Harish Vs State of U.P.