Allahabad High Court
Sonu Rathor And Another vs State Of U.P. And Another on 24 April, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 19.04.2023
Delivered On:- 24.04.2023
Case :- CRIMINAL APPEAL No. - 5938 of 2021
Appellant :- Sonu Rathor And Another
Respondent :- State of U.P. and Another
Counsel for Appellant :- Satya Narayan Yadav,Hari Nath Chaubey,R.V. Pandey,Raghubir Singh,Yogesh Kumar Srivastava
Counsel for Respondent :- G.A.,Arvind Agrawal
Hon'ble Siddharth, J.
1. Heard learned counsel for the appellants; Sri Arvind Agrawal, learned counsel for the informant and learned A.G.A for the 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 29.11.2021, whereby the Special Judge, SC/ST Act, Firozabad has rejected the bail application of the appellant moved by them in Case Crime No. 536 of 2021, under Sections- 323, 504, 506, 306 IPC and Section 3(2)5 of SC/ST Act, Police Station- Daxin, District- Firozabad.
3. There is allegation against the appellant and co-accused that they were jealous of the son of informant who was doing M.Sc B.ed. They used to make false allegation against him and mentally torture him. He was also beaten and abused by caste related words and being fed up of their harassment, he committed suicide. He has left behind a suicide note to this effect also.
4. Learned counsel for the appellant submits that by mere harassment or threatening of caste related words the offence of abetment cannot be inferred.
5. 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.
6. Learned A.G.A has opposed the bail application of the appellant.
7. From the perusal of the FIR and suicide note of the deceased and also statement of the informant, it appears that the appellant created such circumstances by their conduct against the deceased that he was left with no option but to commit suicide being harassed by their conduct.
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 six months from the date of production of certified copy of this order.
Order Date :- 24.04.2023
Rohit
