Phool Singh @ Yash Pal Singh vs State Of U.P.
2023 Latest Caselaw 15633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108588
 
Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12017 of 2023
 

 
Applicant :- Phool Singh @ Yash Pal Singh
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sanjay Mishra
 
Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Applicant- Phool Singh @ Yash Pal Singh has approached this Court for bail in Case Crime No. 73 of 2022 under Section 306 I.P.C., Police Station- G.R.P., District- Etawah.

Informant is nephew of deceased, an unmarried person aged about 62 years who used to live as a "saadhu", who alleged that named accused Ram Prasad has approached deceased to do some rituals to remove some disease of his nephew, however, it was advised that she should be taken for appropriate medication; later on, she died and taking it to be enmity, named accused Ram Prasad and his sons including applicant have threatened deceased on 14.10.2022 and after two days i.e. 16.10.2022, deceased committed suicide by coming in front of train leaving a suicide note.

Sri Sanjay Mishra, learned counsel for applicant submits that even considering the contents of alleged suicide note to be true, allegations are only against one named accused Ram Prasad (father of applicant) since there are two sons of said accused and reference in alleged suicide note is only son without any name, still no evidence has been collected to identify co-accused; he also submits that co-accused (brother of applicant) has already been granted bail by coordinate Bench of this Court by order dated 20.04.2023 in Bail Application No. 9509 of 2023.

Learned counsel further submits that during investigation, no evidence has been collected which can remotely connect the applicant for offence of abetment of suicide, therefore, applicant, who is in jail since 20.02.2023 may be released on bail during trial.

Sri Prashant Srivastava, learned Brief Holder for State has opposed prayer for bail, however, he is not able to refute that similarly situated co-accused (brother of applicant) has been granted bail by coordinate Bench of this Court though reasons given therein are not accompanied in terms of Manoj Kumar Khokhar vs. State of Rajasthan and Anr. (2022) 3 SCC 501 and Brijmani Devi vs. Pappu Kumar, (2022) 4 SCC 497.

Learned A.G.A. has also not able to refute that on the basis of contents of alleged suicide note, allegations of abetment of suicide are not prima facie substantiated.

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)?

From the facts referred above, it transpires that deceased has committed suicide after coming in front of train. There is a suicide note, however, contents thereof are in regard to allegation against co-accused Ram Prasad and his one son that they have assaulted him and embarrassed him also. However, as referred above, said evidence may not be prima facie sufficient to make out a case against applicant for abetment of suicide.

There is evidence that co-accused Ram Prasad and his son have assaulted the deceased and in terms of judgment of Ravindra Pratap Shahi (supra), it may not be enough evidence that applicant has committed offence of abetment of suicide as well as that similarly situated co-accused (brother of applicant) has already been granted bail, therefore, applicant has made out a case for bail.

Let the applicant- Phool Singh @ Yash Pal Singh 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 or exemption from appearance on the date fixed in trial. 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 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 immediately.

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.

The bail application is allowed.

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

Order Date :- 18.5.2023

Nirmal Sinha