Brajwasi vs State Of U.P.
2023 Latest Caselaw 15131 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:104562
 
Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11194 of 2023
 

 
Applicant :- Brajwasi
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Javed Habib,Rawaha Bin Islam
 
Counsel for Opposite Party :- G.A.,Sanjay Kumar
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Javed Habib,learned cousnel for applicant, Sri Rishi Chaddha, learned A.G.A. Sri Sanjay Kumar, learned counsel for informant and perused the records.

2. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.308 of 2022, under Sections 306 and 201 I.P.C., Police Station-Jalesar, District-Etah after rejection of his Bail Application vide order dated 2.2.2023 passed by learned Sessions Judge, Etah.

3. Applicant before this Court is father of deceased, a minor girl aged about 15 years.

4. Mother of deceased lodged an F.I.R. under Sections 302 and 201 I.P.C. against applicant, two named accused and unknown person alleging that her husband (applicant) has extramarital affair with one Km.Hemlata of same village since 2014 and despite objections, applicant continued his relationship with her. On the date of occurrence, extramarital affair was heavily objected by informant and her daughter which agitated the applicant to cause death of her daughter and tried to show as it was a case of suicide. Later on, co-accused without giving any information to police, cremated her body and since dead body of deceased was already cremated, no postmortem could take place.

5. Learned counsel for applicant submitted that after investigation, charge-sheet was filed only against applicant for the offence under Section 306 I.P.C. During investigation, it was found that when the applicant made certain comments against his daughter, she committed suicide.

6. Learned counsel for applicant has placed reliance upon a judgment of this Court in Criminal Misc. Bail Application No. 20591 of 2021, (Ravindra Pratap Shahi alias Pappu Shahi vs State of U.P.) decided on 7.6.2021.

7. Learned counsel further submitted that during investigation, Investigating Officer has not been able to collect any evidence which may indicate that applicant has committed an offence of abetment of suicide. Applicant is languishing in jail since 5.11.2022, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

8. Learned A.G.A. has vehemently opposed the bail application and submitted that during investigation it was revealed that deceased was frustrated as her father was involved in an extramarital affair with another woman and in these circumstances, she was left with no other option, but to commit suicide.

9. Learned counsel for informant submitted that it was a case of murder and investigation was not conducted properly and finally charge-sheet has been filed only for the offence of abetment of suicide.

10.This Court has discussed the law of abatement of suicide and law on bail in Criminal Misc. Bail Application No. 20591 of 2021 (Ravindra Pratap Shahi alias Pappu Shahi vs State of U.P.) and for reference the same is mentioned hereinafter:-

"????? ?? ????

6 (i) ???? ?? ????????? ?? ?? "????? ???? ?? ??? ????? ???? ????? ? ?? ???? ???????? ???? ?? ??????? ?? ???????? ?? ?? ?? ???? ??, ??????? ?? ? ???? ?? ??????? ?? ?????????? ?? ??????? ??, ????? ??????? ??????? ????????? ?? ??? ??, ?????? ?? ???? ????? ??????? ?? ??? ?? ?? ??????? ?? ?? ?? ?? ????????? ???? ?????? ??, ?? ????? ???? ????? ?? ????? ??? ???? ????? ?? ???? ? ???? ?????

(ii) ????? ?? ??? ????? ?? ????? ???? ???, ???????? ?? ??? ?????? ?? ????? ??? ???? ?????, ???? ?? ???????? ?? ????? ????? ??????? ????? ?? ????, ???? ?? ??????? ?? ???????, ???? ????? ???? ?? ?????? ??? ??? ?? ??????, ??????? ??????? ?? ???????, ???????? ?? ???? ?? ???? ????? ??????? ????????, ???????? ?? ?????? ? ??, ???????? ?? ????? ?? ????? ?? ????? ?? ??????? ?? ???????, ??????? ?? ??? ???????? ?? ???????, ??????????? ?? ???? ?? ???? ?? ????? ?? ?????? ?? ??????? ?????? ????? ?? ??? ????? ?? ????? ???? ???, ???????? ?? ????? ?? ??????? ???? ?? ?????? ?? ??????????? ? ??????? ?? ?????? ?? ???-??? ?? ???? ????? ?? ???? ???? ?????? ??????? ?? ???? ??????? ?? ????? ?? ????? ?? ???? ??? ???? ??????? ???? ?????? ?? ??????? ???? ?? ???? ??, ?????? ?? ??????? ?????? ??? ?? ?? ?? ???? ??, ?? ???????? ??? ?? ????? ?? ????? ?? ????? ???? ??? ???????? ???? ??????

(iii) ?? ???????? ??, ?? ????? ???? ?? ? ????, ?? ?? ???????? ?? ??????????? ??, ?? ?? ????? ?? ?????? ?? ??? ??? ??????? ?? ??????????? ??????? ??? ?????? ???? ????? ?????????, ?????? ? ????????? ?????? ?? ???? ???? ????? ? ?? ?????? ????? ??? ????? ??????? ?? ???????? ???? ?? ???? ??? ?????? ?? ????? ??????? ????? ???? ?????, ??????? ???-??? ?? ??????? ?? ??????? ???? ?? ??????? ???????????? ?? ??????? ?? ???????? ???? ??? ????? ?? ?????? ???? ?? ???? ???? ???? ????? ?? ???? ??????? ???? ?? ????? ?? ????, ????? ????? ?? ???????? ? ?? ?????

???? ????? ?? ?????????? ?? ????-

7(i) ??? ??? ??? ?? ???? 306, "????????? ?? ??????????" ?? ????? ? ??? ?? ?????????? ?? ?????? ???? ??, ????? ?????? " ??? ??? ??????? ????????? ??? ?? ?? ??? ??? ????????? ?? ?????????? ?????, ?? ???? ?? ?? ???? ????? ?? ??????? ??, ????? ???? ?? ???? ?? ?? ?????, ?????? ???? ????? ?? ???????? ?? ?? ??????? ????" ??? ???? ??? ?? '??????????' ???? ?? ?? ????????? ?? ???? 107 ??? ???????? ???? ??? ??, ????? ?????? ?????????? ?? ????? ??? ??? ??? ????? ???? ?? ???? ??, ???? ?? ??? ?? ???? ?? ??? ???? ??????? ?? ??????, ????? ?? ??? ?? ???? ?? ??? ????????? ???? ?? ???? ??????? ?? ?????????? ?? ??? ??????? ???? ????????? ???? ???? ?????? ?? ???????? ?? ??? ????? ?? ???? ??? ???? ?? ???? ???? ????? ?? ??? ?? ???? ???? ??? ???? ????? ?? ???? ??? ?????? ???? ?????? ?????

(ii) ?????????? ??? ?? ?????? ????????? ????? ???? ??, ????? ???? ??????? ?? ?????? ?? ???????? ?????? ???? ???? ????? ?? ?????? ???? ???? ??? ????????? ???? ?? ??? ?????? ?? ?????? ???? ?? ??? ???????? ?? ?? ?? ??? ????????? ????? ???? ?????? ??? ?? ???? ???? ???????? ?? ???????? ??? ????? ???? ???????

(iii) ?????????? ?? ????? ?? ????? ???? ?? ??? ???? ????? ?? ????? ???? ?? ??? ???????? ?? ??????? ???????? ?????? ?????? ?????? ??? ?? ????????? ???? ?????? ??? ?? ????? ???? ?? ???, ??? ??????? ???????? ?? ??????? ???? ?????? ?? ???????? ?? ???? ???????? ???? ?? ?????? ??? ???? ??????? ?? ????????? ?? ??? ?? ???? ?? ??? ?????? ?? ???? ?? ??? ?? ????? ???? ?? ??? ??? ????? ?????? ?????? ??? ??? (?????- ???? ??????? ???????? ???? ?????????? ????? ? ????? (2021) 2 ?? ?? ?? 427, ???? ??? ???? ???? ????? (2018) 5 ?? ?? ?? 1, ????? ???? ??????? ????? (2020) 15 ?? ?? ?? 359, ??????? ???? ???? ????? ????? (2020) 10 ?? ?? ?? 200)?

11. From the facts discussed above, it transpires that initially F.I.R. was lodged by informant against applicant and co-accused that they have committed murder of informant's daughter as illicit relationship of applicant was objected by informant and her daughter. However, it transpires that later on during investigation, it was found to be a case of suicide and not murder and accordingly, charge-sheet was filed only against applicant for an offence under Section 306 I.P.C.

12. There is a substance in the argument of learned counsel for applicant that during investigation, Investigating Officer has not been able to collect evidence which could connect the applicant with alleged offence of abetment of suicide as well as learned A.G.A. and learned counsel for informant have not been able to show that any substantial evidence was collected by Investigating Officer during investigation to connect the applicant with alleged offence and taking note of the judgment of this Court in Ravindra Pratap Shahi @ Papu Shahi (supra), applicant who is in jail since 5.11.2022, as well as factor of overcrowding in jails, a case of bail is made out.

13. Let the applicant-Brajwasi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails 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 I.P.C.

(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment.

(v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice.

14. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

15. The bail application is allowed.

16. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

Order Date :- 15.5.2023

SB