Allowed

Seema v. State of U.P. and Another

Allahabad HC15 May 2023CRLA/3337/2023

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Appeal and set aside the lower court's order rejecting bail. Relying on Article 21, overcrowding issues, and procedural concerns, the Court granted bail to the appellant in a suicide case, subject to specific conditions.

What did the court decide?

Appellant released on personal bond and two reliable sureties subject to conditions of not tampering with evidence, interviewing witnesses, and appearing in court.

Seema Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:104708

¶2

Court No. - 80

¶3

Case :- CRIMINAL APPEAL No. - 3337 of 2023

¶4

Appellant :- Seema Respondent :- State of U.P. and Another Counsel for Appellant :- Dhirendra Kumar Agrahari,Sudhir Mehrotra Counsel for Respondent :- G.A.

¶5

Hon'ble Siddharth,J.

¶6

List has been revised.

¶7

As per office report dated 12.05.2023, the informant was not found on the address given in the First information report.

¶8

Learned AGA has informed that notice of appeal has been given on phone to opposite party no.2 but no one has put in appearance on behalf of opposite party no.2 to oppose this appeal.

¶9

Heard learned counsel for the appellant; learned AGA for opposite party no.1 and perused the material placed on record.

¶10

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 01.03.2023, whereby the Special Judge, SC/ST Act / Addl. Session Judge, Ghaziabad has rejected the bail application of the appellant moved by him in Case Crime No. 1991 of 2022, under Section 306 IPC and Section 3(2)(V) SC/ST Act, Police Station Kotwali Sahibabad, District Ghaziabad.

¶11

There is allegation against the appellant that she was having extra marital affair with the deceased. Despite being married he went to a hotel on the calling of the appellant where some dispute took place between them and thereafter it is alleged that deceased committed suicide in the hotel.

¶12

Learned counsel for the appellant submits that the deceased was having along extra marital affair with the appellant. On the fateful day also they went to a hotel. When the appellant had gone to the toilet, deceased hanged himself and committed suicide. Because the wife of the deceased had caught them and the deceased was unable to find any way to keep relation with the appellant, he committed suicide. He has submitted that it is a case of illicit relation, which has led the deceased to commit suicide because of his own fault. The ingredients for constituting of offence under Section 306/107 are not made out against the appellant. Appellant has no criminal history and is languishing in jail since 29.12.2022. In case, the appellant is released on bail, she will not misuse the liberty of bail.

¶13

Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the appellant is released on bail, she will again indulge

¶14

in similar activities and will misuse the liberty of bail.

¶15

In view of above, the order of rejection of bail passed by the court below dated 01.03.2023 is, hereby, set aside.

¶16

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; appellant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, 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, Court is of the opinion that the appellant is entitled to be enlarged on bail.

¶17

Let appellant, Seema, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

¶18

(i) The appellant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶19

(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.

¶20

(iii) The appellant 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 of Cr.P.C.

¶21

(iv) The appellant 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 the trial court.

¶22

(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.

¶23

(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶24

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the appellant 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 in accordance with law.

¶25

The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the appellant, if there is no other legal impediment.

¶26

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶27

The criminal appeal is allowed.

¶28

Order Date :- 15.5.2023 SS

¶29

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

Seema v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Seema v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Awadhesh Patel Vs State of U.P. and Another

Mahipal Ahir Vs State of U.P. and Another

Bhanu Bind Vs State of U.P. and Another

Vishal Yadav @ Shivam Vs State of U.P. and Another

Sanjay Singh Vs State of U.P. and Another

Tinku Sharma Vs State of U.P. and Another