Allahabad High Court
Basantlal vs State Of U.P. Thru. Prin. Secy. ... on 14 July, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:45771
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8866 of 2023
Applicant :- Basantlal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Counsel for Applicant :- Dinesh Kr. Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The FIR in question was lodged alleging that the daughter of the informant was married to the applicant around nine years ago and there used to be dispute with regard to payment of dowry. It was stated that on 26.03.2023, an alteration took place in between the husband and wife and on 27.03.2023, after closing the door, the daughter of the informant had committed suicide. The post-mortem report indicates the cause of death as ante-mortem hanging. Apart from that, two injuries are also shown over the body of the deceased in the form of abrasion and contusion.
3. It is argued by learned counsel for the applicant that even assuming for the sake of arguments all the allegations to be correct, there is no material whatsoever to implicate the applicant under Section 306 IPC. He argues that there is no material to suggest any abetment as is defined under Section 107 IPC. He further argues that unless the ingredients of abetment are present, the implication under Section 306 IPC cannot be justified. In support thereof, he places reliance on the judgment of the Hon'ble Supreme Court in the case of M. Arjunan v. State represented by its Inspector of Police; (2019) 3 SCC 315 as well as Ramesh Kumar v. State of Chattisgarh; (2001) 9 SCC 618. The applicant is in custody since 28.03.2023 and has no criminal antecedent.
4. Learned AGA opposes the bail application by arguing that apart from the ante-mortem injuries, there are two other injuries visible on the body of the deceased, which is in consonance with the statement of the FIR that an altercation and a fight took place in between the husband and wife. Thus, the bail application should be rejected.
5. After hearing the parties and on perusal of the record, the cause of death is shown as ante-mortem hanging. There is no averment whatsoever to suggest any abetment which is sine qua non for invoking Section 306 IPC, however, the sufficiency of the evidence cannot be tested at this stage. Prima-facie, as there is no evidence at this stage of abetment by the applicant and the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Basantlal be released on bail in FIR No.185 of 2023, under Section 498A, 306 IPC, P.S. Kotwali Dehat, District Balrampur on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 14.7.2023
nishant
