Allowed

Mohd .Sabir v. State of U.P.

Allahabad HC25 Apr 2019BAIL/17375/2019

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Mohd. Sabir, accused of abetting suicide under Section 306 IPC. The court noted the absence of independent evidence against the applicant, his lack of criminal history, and the long period of custody as grounds for granting bail with specific conditions.

What did the court decide?

The applicant Mohd. Sabir is released on bail by furnishing a personal bond and two sureties each in like amount, subject to standard bail conditions.

Mohd .Sabir Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17375 of 2019

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Applicant :- Mohd .Sabir Opposite Party :- State Of U.P. Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Sri Salman Ahmad, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.

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Heard, learned counsel for the applicant, Sri Salman Ahmad, learned counsel for the complainant, Ms. Reema Gupta (B.H.), learned counsel appearing for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 28.12.2018 against two accused persons, namely, Sanjida @ Ranu and Mohd. Sabir alleging that on 25.12.2018 due to illicit relation of the wife of the deceased with the applicant, Nasir had committed suicide by hanging.

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Learned counsel for the applicant submitted that inquest of the deceased was done on 25/26.12.2018 (at night) and complainant (Riyaz) was also present as a witness with other family members of the deceased. This fact was not narrated. Later on, after two days of the incident i.e. 28.12.2018 this F.I.R. was lodged on the basis of suspicion only after thought and with due legal consultation. It is admitted case that the deceased had committed suicide himself. There is no legal evidence about the abetment of suicide. There is no independent/eye witness account against the applicant. The applicant is languishing in jail since 29.12.2018 (about four months) having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that one son and daughter of the deceased have stated in their statements that there was illicit relation of their mother with the applicant hence their father died by committing suicide.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for

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bail. Hence, the bail application is hereby allowed.

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Let the applicant Mohd. Sabir involved in Case Crime No. 563 of 2018, under Section 306 IPC, Police Station-Kotwali Jalaun, District-Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 25.4.2019 OP

Mohd .Sabir v. State of U.P.

Case brief

What is this about?

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Mohd .Sabir v. State of U.P.

Case brief

What is this about?

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