Munna Alias Munne vs State Of U.P. And Another
2023 Latest Caselaw 12575 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

                Reserved On:- 19.04.2023  
 
  Delivered On:- 24.04.2023  
 
Case :- CRIMINAL APPEAL No. - 5462 of 2021 
 
Appellant :- Munna Alias Munne 
 
Respondent :- State of U.P. and Another 
 
Counsel for Appellant :- Zafeer Ahmad,Ashutosh,Mohd. Samiuzzaman Khan,Rinki Gupta 
 
Counsel for Respondent :- G.A.,Anil Kumar Mishra
 

 
Hon'ble Siddharth, J.

1. Heard Shri Ashutosh, learned counsel for appellant; Shri Anil Kumar Mishra, learned counsel for informant and learned AGA for state.

2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants to set aside the impugned order dated 06.09.2021, whereby the Special Judge, SC/ST Act, Kanpur Nagar has rejected the bail application of the appellant moved by them in Case Crime No. 234 of 2021, under Section 306 IPC and Section 3(2)(v) SC/ST (Prevention of Atrocities) Act, Police Station- Maharajpur, District- Kanpur Nagar.

3. There is allegation against the appellant that he was married to Priyanka and was compelling her to get his marriage conducted with his younger daughter, Neha. Daughter of the informant, Priyanka, was harassed to such an extent that she committed suicide by way of hanging on 13.07.2021.

4. Learned counsel for the appellant submits that it is a case of false implication. The allegations made against the appellant do not amount to commission of offence of abetment.

5. Learned A.G.A and learned counsel for the informant have opposed the bail application of the appellant.

6. Learned counsel for the informant-opposite party has placed before this Court the judgment of the Apex Court in the case of Velladurai vs. State represented by the Inspector of Police, in Criminal Appeal No. 953 of 2021, wherein it has been held by the Apex Court that abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission, created such circumstances that the deceased was left with no other option to commit suicide.

7. The deceased was wife of the appellant. The appellant was compelling to get her younger sister also married to him, which created a situation wherein no wife would have any other option.

8. After hearing the rival contentions, this Court finds that it is not a fit case for granting bail to the appellant at this stage.

9. The criminal appeal is accordingly, dismissed.

10. Trial court is directed to conclude the trial of the appellant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.

Order Date :- 24.04.2023

Rohit