Allahabad High Court
Mahboob Alam vs State Of U.P. on 22 April, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:69818 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54472 of 2023 Applicant :- Mahboob Alam Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
2. The instant bail application has been filed on behalf of the applicant-Mahboob Alam with a prayer to release him on bail in Case Crime No. 06 of 2023, under Section 306 IPC, Police Station Bhatni, District Deoria, during pendency of trial.
3. As per allegations in the first information report lodged on 11.01.2023 at 19:07 hrs., against three named accused persons including applicant through an application under Section 156(3) Cr.P.C., informant's daughter Shamima was enticed away by the applicant and they started living as husband and wife. The information about the aforesaid was given in the Police Station and an affidavit was submitted by the applicant and Informant's daughter that started living as husband and wife. After one month, the applicant, his mother and sister started harassment mentally, physically and demanded dowry and given a threat to face dire consequences, in case demand does not fulfill. Information about the same was given by the Informant. However, the attitude of the family did not change and certain other details have been given in the FIR, and finally on 23.08.2024 at about 6:00 pm, she committed suicide being upset by harassment as done by the applicant and his family members.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated being husband in the present case due to ulterior motive. He further submits that the Informant was not happy with the marriage of the applicant and her daughter, therefore, a false story had been developed in the FIR. Though there is no documentary evidence to prove the same and the FIR was lodged under Section 304-B, 120-B and 301 IPC. However, after investigation, it has been converted 306A IPC. The Investigating Officer has not collected evidence to show that the applicant has abetted his wife to commit suicide. Though certain circumstances had been mentioned in the version of the FIR but there is no evidence to show that such circumstances was created by the applicant but to leave no option for Informant's daughter to commit suicide. It has been stated in paragraph-37 of the affidavit filed in support of bail application that the applicant has no criminal history. Lastly, it is submitted that the applicant is languishing in jail since 30.09.2023 and there is no chance of applicant's fleeing away from judicial process or tampering with the witnesses.
5. Learned A.G.A. has also opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. The offence is cognizable and serious in nature
6. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.
7. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.
8. The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused-applicant (s) is such that his mere presence at large would intimidate the witness. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.
9. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, the period of detention of the applicant for the alleged offence, submissions of learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(vi) The applicant shall not leave India without the previous permission of the Court.
(vii) In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.
(viii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
11. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
12. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 22.4.2024 Akram