Preet v. State of U.P.
Case brief
What is this about?
Single judge granted bail to the applicant in a suicide abetment case, noting the delayed FIR and lack of cogent evidence regarding illicit relations or compulsion to commit suicide.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions regarding tampering with evidence and attending trial.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47873 of 2019
Applicant :- Preet Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged by Urmila Devi, mother of the deceased, on 19.6.2019 on the basis of an application moved under section 156 (3) Cr.P.C. The application under section 156(3) Cr.P.C. has been moved with delay of 25 days. As per F.I.R. the incident is said to be taken place on 16.3.2019 at about 6.00 a.m. The F.I.R. is delayed and no satisfactory explanation has been given on behalf of the prosecution. The allegation against the applicant is that there was illicit relation in between the applicant and the wife of the deceased due to which the deceased has committed suicide. Real fact is that there was no illicit relation in between the applicant and wife of the deceased and there is no cogent evidence with regard to illicit relation. In post mortem report the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide himself due to some other reason. The applicant has not harassed or tortured the deceased. The applicant has not compelled the deceased to commit suicide. Except the ligature mark, no other injury has been found on the body of the deceased. There is no cogent evidence with regard to abetment against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 11.7.2019.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a case of abetment to suicide under Section 306 IPC.
Whether the delay in lodging the FIR affects the grant of bail.
Whether there is sufficient evidence to establish abetment against the applicant.
Parties & counsel
- appellant
Preet
- respondent
State of U.P.
Coram
Hannah Brahmanand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/47873/2019
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