Allowed

Shilendra v. State of U.P.

Allahabad HC4 Dec 2019BAIL/52345/2019

Case brief

AI extract

What is this about?

This Court allowed an anticipatory bail application under Section 306 IPC. The applicant, husband of the deceased in a suicide investigation, was granted bail on a personal bond of Rs. 25,000 with two sureties conditioned upon cooperation with police and non-interference.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 25,000 with two sureties in like amount, subject to conditions of availability, non-inducement, and passport deposit.

Shilendra Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52345 of 2019

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Applicant :- Shilendra Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Ramajun Tripathi, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that the applicant is husband of the deceased with whom marriage was solemnized about 13 years back and two children were also born from the wedlock. Admittedly, it is stated that the deceased died on account of asphyxia due to hanging and in the F.I.R. itself brother of the deceased has merely laid suspicion that on account of atrocities and cruelty being meted out to the deceased she has committed suicide. From bare reading of the F.I.R. prima facie element of abetment is not discernible. The investigation is going on and the evidence is yet to be collected the reason for the deceased to committed suicide after 13 years of the marriage; the applicant undertakes to cooperate with the investigation. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Shilendra involved in Case Crime No. 519 of 2019, u/s 306 IPC, P.S. Sikandrarau, District Hathras shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 4.12.2019 Dhirendra/

Shilendra v. State of U.P.

Case brief

What is this about?

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Shilendra v. State of U.P.

Case brief

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