Allahabad High Court
Satguru Pandey vs State Of U.P. on 11 February, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- BAIL No. - 1879 of 2021
Applicant :- Satguru Pandey
Opposite Party :- State of U.P.
Counsel for Applicant :- Ganga Prasad Mishra,Abhinav Mishra
Counsel for Opposite Party :- G.A
Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in case crime No.261/2020, under Section- 306 of IPC, Police Station Kotwali Dehat, District Gonda with the prayer to enlarge him on bail.
3. The case set forth by the learned counsel for the applicant is that the alleged FIR lodged against the applicant under Section 306 IPC is misconceived inasmuch as for attracting offence under Section 306 IPC, there must be an active act or direct act so as to lead commission of suicide but allegation in this regard is completely missing in the FIR in question. He has further submitted that if any willful conduct is not established in leading deceased to commit suicide, the ingredients of Section 306 IPC would not be attracted. In support of his aforesaid arguments, he has placed reliance upon the judgments of M. Mohan Vs. State, 2011 (3) JIC 40, Atmaram Vs. State of Maharashtra, 2013 (1) JIC 947 (SC) and Gurucharan Singh Vs. State of Punjab, 2017 (1) JIC 120 (SC).
4. A perusal of the matterial on record as well as instructions obtained by learned A.G.A. does not indicate anything from which it can be deciphered that the accused had any role in the death of the deceased.
5. Learned A.G.A. opposes the prayer for grant of bail to the applicant but could not dispute the submissions advanced by counsel for the applicant.
6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
7. Let applicant -Satguru Pandey be released on bail in case crime No.261/2020, under Section- 306 of IPC, Police Station Kotwali Dehat, District Gonda, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 11.2.2021 (Alok Mathur, J.)
RKM.
