Ramsewak S/O Sri Shankar Lal vs State Of U.P. Thru Prin Secy Home
2022 Latest Caselaw 6213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7257 of 2022
 

 
Applicant :- Ramsewak S/O Sri Shankar Lal
 
Opposite Party :- State Of U.P. Thru Prin Secy Home
 
Counsel for Applicant :- Alok Kumar Singh,Sanjay Singh Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

On query being put to learned A.G.A., he submitted that he has complete instructions in the matter as such this Court proceeded to hear the matter on merits.

The present bail application has been filed by the applicant seeking bail in Crime No. 628 of 2021, under Sections 306 IPC, Police Station-Mohammadi, District Lakhimpur Khiri.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. He has further submitted that no case under Section 306 IPC is made out against the applicant and other co-accused and it is a clear case of suicide. The Autopsy Surgeon while conducting the postmortem of the deceased, only found ligature mark over the neck of the deceased and no other injury was found by the concerned doctor.

He further submitted that the deceased expired on 28.04.2021 and the family of the deceased was duly informed, as appears from the inquest report of which the brother of the deceased namely Pashuram was the witness. At the time of inquest no allegation was levelled against any members of the family of the accused including the applicant. He further submitted that it appears that after due consultation with oblique motive the application under Section 156(3) Cr.P.C. was preferred before the court concerned on 19.05.2021 whereupon an order was passed by the competent court and thereafter the present FIR has been lodged on 25.11.2021 as Crime No. 036 of 2021. There is huge delay of lodging the FIR and there is no plausible explanation with regard to delay in lodging the FIR. This delay is fatal. It is further submitted that husband of the deceased was expired much prior to the alleged crime and thereafter the deceased was facing financial crisis as such in depression she committed suicide.

He further submitted that the offence under Section 306 IPC, the prosecution has to alleged prove that the deceased was abetted/instigated by the accused immediately before committing suicide. Allegation of harassment (marpeet) levelled by other witnesses against the applicant in absence of allegations of such action which compelled the commission of suicide are not sufficient to attract offence under Section 306 IPC. It is also submitted that merely on the allegation of harassment 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 is not 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.

It is submitted that co-accused Kamlesh Kumari has already been released on bail by this Court vide order dated 09.06.2022 passed in Criminal Misc. Bail Application No. 5785 of 2021. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant having no criminal history is in jail since 01.04.2022.

Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused has already been released on bail.

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 that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant -Ramsewak be released on bail in the aforesaid Case Crime Number 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) 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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 applicant 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.

(iv) 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.

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(vii) 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 :- 7.7.2022

Jyoti/-