This is a bail application under Cr.P.C. in case of abetting suicide. The applicant alleged false implication and denial of instigating the deceased. The court found it a fit case for bail via personal bond and sureties without commenting on merits.
Applicant released on bail on personal bond and two sureties subject to standard bail conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11103 of 2019
Applicant :- Shiv Mangal Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for the offence under Section 306 I.P.C.; that as per averments made in F.I.R. lodged by Manna, his daughter Sampat was married to applicant about 10-11 years back and applicant was working on wages at Gujarat while his daughter was living at village and doing labour but was being treated with cruelty by her in-laws and co-accused persons and they used to snatch her income and whenever applicant had come home he also joined them in committing mar-pit with her and on 15.9.2018 4-5 days after arrival of applicant from Gujarat when all his money was taken by his father, on demand made by deceased for money she was beaten by all accused persons following which she immolated herself after pouring kerosene and died in hospital; that entire prosecution story is absolutely false and incorrect; that applicant never committed mar-pit with deceased; that post-mortem report of deceased shows that she died due to 85-90-% burn with smell of kerosene oil and there is no whisper of any ante-mortem injury which belies the contention of committal of mar-pit with deceased before committing suicide by her; that co-accused persons have been exonerated; that applicant never abeted or instigated deceased for committing suicide; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 25.9.2018.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Shiv Mangal be released on bail in Case Crime No.156 of 2018, under Section 306 I.P.C., P.S. Tindwari, District Banda, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 15.3.2019 Kpy
2 issues framed by the court
Whether the applicant is a fit case for bail in charges of abetting suicide under Section 306 IPC.
Whether sufficient personal bonds and sureties suffice to grant bail in the present circumstances.
4 provisions across 2 enactments
Shiv Mangal
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
