Archana Jaiswal vs State Of U.P.
2023 Latest Caselaw 16256 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:112903
 
Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15628 of 2023
 

 
Applicant :- Archana Jaiswal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Vidya Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Applicant- Archana Jaiswal has approached this Court for bail in Case Crime No. 776 of 2020 under Section 306 I.P.C., Police Station- Baradari, District- Bareilly.

Applicant before this Court is wife of deceased and marriage between applicant and deceased was solemnized 21 years ago. According to contents of first information report lodged by sister of deceased that applicant and other co-accused have mentally tortured deceased and have wanted to take his properties and on 11.07.2020, he committed suicide and thereafter inquest report was prepared and post mortem report was also conducted. Later on, suicide note was found which was a handwritten document on a stamp paper on 18.06.2020.

Sri Vidya Prakash Singh, learned counsel for applicant submits that investigation remained pending probably to get result of FSL report of alleged suicide note and no attempt was made for any interrogation either of applicant or other co-accused and on 09.09.2022, when F.S.L. received, it was found that suicide note was written by deceased; then, the I.O. started pressurizing for arrest and present applicant was arrested on 12.02.2023 and thereafter charge sheet was filed on 06.03.2023 only against present applicant whereas investigation is going on in regard to other co-accused; meanwhile, other co-accused have approached this Court by way of filing Anticipatory Bail application and were granted anticipatory bail till filing of charge sheet.

Learned counsel also submits on merit that there was a delay in lodging F.I.R.; there was no prior complaint of any harassment of deceased at the end of his wife or her family members despite marriage period was very long i.e. of 21 years; even contents of suicide note do not prima facie make out a case for abetment of suicide; therefore, applicant, who is in jail since 12.02.2023 may be released on bail during trial.

While opposing bail, Sri Paritosh Malviya, learned AGA appearing for State submits that immediate cause of death was uncertain, therefore, viscera was preserved, however, no poisonous substance was found; since I.O. was waiting for outcome of FSL report, he could not file charge sheet and when FSL report was received on 09.09.2022, thereafter, charge sheet was filed and investigation was kept pending; however, learned A.G.A. is not able to convince the Court on the basis of record available that as to why applicant and other co-accused were not called for interrogation despite investigation was kept pending as well as whether any attempt was made for their interrogation; learned A.G.A. further submits that on the basis of contents of alleged suicide note, a prima facie case for abetment of suicide is made out against applicant and other co-accused.

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:-

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

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

In the present case, alleged suicide took place on 11.07.2020 and a charge sheet has been filed after about just less than 3 years on 06.03.2023. It has not been brought on record whether the I.O. has made any attempt to interrogate the present applicant and other co-accused during aforesaid period, even after F.S.L. report came on 09.09.2022. Therefore, it appears that there was no requirement for arrest of applicant.

Even on merit on case, there is substance in argument of learned counsel for applicant qua to non-appearance of prima facie ingredients of offence of abetment of suicide as well as taking note of judgment (supra) as well as that there was no requirement of any arrest, especially at the fag end of investigation.

In these circumstances, the applicant, a woman, is also entitled for benefit of Section 437 Cr.P.C. Accordingly, applicant who is in jail since 12.02.2023 has made out a case for bail.

Let the applicant- Archana Jaiswal 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 :- 23.5.2023

Nirmal Sinha