In a bail application under Section 306 IPC regarding abetment to suicide, the single judge found it a fit case for release despite the applicant's false implication allegations, considering co-accused bail and overall circumstances.
Released on bail by furnishing personal bond and two sureties in like amount court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13065 of 2019
Applicant :- Bittu Pinniwala Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Datt Dauholia 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; that as per averments made in F.I.R. lodged by Poonam with inordinate delay of around 20 days on 18.2.2017, her husband was running a jeweller shop and had borrowed some money on interest from applicant and two others, which had been re-paid by him along with interests but still applicant and two others used to make demand of alleged arrears/balance amount under threat of life of his entire family and on account of terror of applicant and two others, her husband committed suicide on 27.1.2017 by shooting himself and a suicide note was recovered from his pocket; that applicant neither lent any amount to deceased nor received back any such amount nor made any demand of balance or arrears from him nor threatened him of life or otherwise; that applicant had no concern with deceased; that photo copy of alleged suicide note provided by first informant is forged and fictitious and on the basis of above suicide note, applicant may not be held responsible for suicide committed by Naresh; that applicant neither made any abetment nor instigation in the mind of deceased to commit suicide; that co-accused Ramu @ Ram Kishan has been granted bail by this Court vide order dated 25.3.2019 passed in Criminal Misc. Bail Application No.11145 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 5.2.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused 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 Bittu Pinniwala be released on bail in Case Crime
No.136 of 2017, under Section 306 I.P.C., P.S. Khurja Nagar, District Bulandshahr 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 :- 30.3.2019 Kpy
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving complicity in abetment to suicide under Section 306 IPC.
Whether the grant of bail is justified considering the severity of the apprehended punishment and the complicity of the accused.
4 provisions across 2 enactments
Bittu Pinniwala
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
