Allahabad High Court
Sunil Tiwari vs State Of U.P. on 28 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 22.02.2023
Delivered on 28.02.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2617 of 2023
Applicant :- Sunil Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Tripathi,Matiur Rehman Khan
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri M. R. Khan, learned counsel for the applicant and learned A.G.A. for the State.
There is allegation in the first information report that brother of the informant, Dheeraj, left his house on 28.08.2021 informing his mother that he will come back soon. He left the house after a call on his mobile phone but he did not came back in the night. On the next day at 8.00 a.m. someone informed that Dheeraj has died and his dead body is hanging from the roof of the godown of Lallan Jaiswal. In the suicide note left behind by the deceased he implicated the applicant and four named and one unnamed accused alleging that in the mobile phone of applicant, Sunil Tewari, there is a video of his beating by co-accused persons which is cause of his death. It was alleged in the first information that the deceased was murdered and did not committed suicide.
Learned counsel for the applicant submits that from the suicide note of the deceased it is clear that he was addicted to drug. He sometimes left drug and again got addicted. He could not succeed in M.A examination. He was in complete state of frustration. He has made allegations against the accused persons who are alleged to have beaten the deceased. Why he was beaten has not been explained. The ingredients for constituting offence under Section 306/107 I.P.C are not found in the suicide note of the deceased. Applicant is in jail since 10.01.2022. Learned counsel for the applicant has relied upon the judgements of the Apex court in the case of Arnab Manorajan Goswami Vs. State of Maharashtra, 2020 0 Supreme (SC) 678 and Mariano Anto Bruno and anothers Vs. The Inspector of Police, 2022 ) Supreme (SC) 1034.
Learned AGA has vehemently opposed the prayer for bail of the applicant.
After hearing rival contentions, this court is of the view that the deceased had number of problems like failure to pass examination, failure to get rid of habit of taking drugs and frustration from life apart from the allegation that he was beaten by the accused persons. Merely beating cannot a ground for abetment of suicide.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sunil Tiwari, involved in Case Crime No.208 of 2021, under Section 306 I.P.C, Police Station Sevrahi, District- Kushinagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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 applicants 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Order Date :- 28.02.2023
SS
