Single judge court dismissed bail application in Section 306 IPC case. Court held that circumstantial evidence of abetment to suicide was sufficient to refuse bail despite applicant's claim of false implication due to civil suit.
Application for bail rejected. Case to remain in judicial custody.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19925 of 2018
Applicant :- Fizzoo @ Firoz Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Chandra Prakash Garg, Advocate has filed power on behalf of the first informant today in Court, which has been taken on record.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 0017 of 2018, u/s 306 I.P.C., Police Station- Badausa, District- Banda.
Heard learned counsel for the applicant and learned A.G.A. as well as learned counsel for the first informant.
Perused the record.
Submission of counsel for the applicant is that there is a partition suit pending between the applicant and the family of the deceased and therefore, the applicant has been falsely implicated in the case out of enmity. Further submission is that as there was pressure upon the applicant to have marriage with the deceased which he refused that has resulted in the commission of suicide by the girl and therefore, the applicant should be released on bail as the applicant should not be held responsible for the death of the deceased.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and it has been submitted that the proof of abetment to commit suicide does not always depend upon direct evidence but the same can also be proved by circumstantial evidence. The evidence that has been collected during the course of investigation and the contents of the F.I.R. itself would disclose that the deceased was taken away by the applicant in the night to his house. When she was found missing in the house, the parents of the girl approached the family of the accused and informed about the missing of the girl. On this information the applicant Fizzoo @ Firoz managed to turn out the deceased from his house. In such circumstances, it was insisted upon by the parents of the deceased that the applicant should have marriage with the deceased. Initially he prevaricated and took some time but later on, he declined point blank. It was this news which was conveyed in the house of the deceased and it was in this background which forced the deceased to commit suicide. Submission is that honour of the girl is the biggest treasure and the circumstances of the case are sufficient to indicate that the factum of her having been taken in the night to the house of the accused, had become public and the earlier refusal of the applicant to legitimize the relationship was such a blatant provocation which amounted to abetment and any girl, who would have respect for her dignity and honour is so likely to be driven to commit suicide in such circumstances. The fact and circumstances of the case are such that there appears strong circumstantial evidence to suggest that it is the applicant and his conduct itself which is tantamount to abetment of commission of suicide. There is no good reason to take a liberal view in
the matter.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail.
The prayer for bail of the applicant therefore stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.5.2018 Naresh
3 issues framed by the court
Whether the applicant is entitled to bail under Section 437 or 439 CrPC in a case under Section 306 IPC.
Whether the evidence of abetment to suicide is sufficient to refuse bail despite pending civil partition suit.
Whether the refusal of marriage suit by the applicant caused the deceased to commit suicide.
Fizzoo @ Firoz
State Of U.P.
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
