Allahabad High Court
Sushil vs State Of U.P. on 18 August, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3169 of 2021
Applicant :- Sushil
Opposite Party :- State of U.P.
Counsel for Applicant :- Raghunath Prasad,Pankaj Gupta,Rajat Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.610 of 2020, under Sections 306,323 IPC, Police Station- Beniganj, District- Hardoi, with a prayer to enlarge him on bail.
While pressing the application for bail, learned counsel for the applicant submitted that the marriage between applicant and deceased was solemnized on 13.05.2013 and out of the wedlock the applicant and the deceased were blessed with two daughters; the one at the time of incident was 05 years old and another was 03 years old.
Learned counsel for the applicant further submitted that at the time occurrence the deceased was pregnant. In fact the deceased has committed suicide as would appear from the post mortem report wherein the cause of death indicated is Asphyxia due to anti mortem hanging. The other injuries indicated can be sustained by handling/carrying and putting down the body of the deceased or even the same can be caused at the time of committing suicide because the iron ring on which the deceased was found hanging was in the corner of the room. In this regard, reliance has been placed on the site plan and photographs annexed with the supplementary affidavit dated 04.08.2022. It is further submitted that the deceased was sentimental and on account of quarrel between the husband and wife, the deceased committed suicide, however with oblique motive the instant F.I.R. was lodged. As per the F.I.R. the deceased committed suicide on account of cruel treatment of the applicant, however no such injury has been indicated by the autopsy surgeon in the post mortem report.
It is stated further that the essentials to attract offence under Section 306 IPC are not available in the story of prosecution. He says that for the purposes of attracting offence under Section 306 IPC, the prosecution has to allege and prove that the deceased was abetted/instigated by the applicant-accused immediately before committing suicide.
It is also submitted that mere allegation of cruelty or ill treatment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, implication or conviction in terms of Section 306 IPC would not be sustainable. In order to bring a case within the purview of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. This aspect is missing in this case. In this regard, learned Counsel for the applicant placed reliance on the judgment of Apex Court passed in the case of Gurcharan Singh Vs. State of Punjab reported in (2020) 10 SCC 200. He has also placed reliance on the judgment of Apex Court passed in the case of Geo Varghese Vs. State of Rajasthan and another reported in (2021) SCC Online SC 873. In these circumstances, the prayer is to release the applicant on bail.
It is also submitted that the applicant having no criminal history is languishing in jail since 25.11.2020 and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and he will cooperate in trial. Lastly, it is submitted that the applicant is father of two minor girls who are in the custody of old parents of the applicant.
Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the period of incarceration as also essentials to attract Section 306 IPC and also keeping in mind the welfare of the minor girls and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail.
Accordingly, the application for bail is allowed.
Let the applicant- Sushil be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
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 :- 18.8.2022
Arjun/-
