Bail application by a wife of the deceased, charged with abetting his suicide. The court noted the delay in the FIR and lack of dying declaration, finding her a fit case for bail with standard conditions.
Released on bail by furnishing a personal bond and two sureties in like amount.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53427 of 2019
Applicant :- Smt. Shajiya Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash,Ali Hasan 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 applicant is the wife of the deceased. The marriage of the applicant was solemnized with the deceased about 7-8 years ago from the date of alleged incident and there are two minor children from the wedlock of the applicant and the deceased. The deceased was a truck driver. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. Initially an F.I.R. was lodged by the mother of the deceased under section 302, 120-B/ 34 I.P.C. on the basis of an application moved under section 156(3) Cr.P.C. The application under section 156(3) Cr.P.C. was moved on 14.3.2019 after two months of the alleged incident. The incident is said to be taken place on 6.1.2019 and the deceased died on 12.1.2019. The applicant herself admitted the deceased in a hospital to save his life. No dying declaration of the deceased was recorded. The F.I.R. was lodged against 4 persons including the applicant. The other co accused have been exonerated. During investigation chargesheet has been submitted only against the applicant under section 306, 120-B/ 34 I.P.C. There is no cogent evidence with regard to abetment against the applicant. The applicant is a lady. There is no criminal history of the applicant and she is in jail since 30.7.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Smt. Shajiya involved in Case Crime No.239 of 2019, under Section 306, 120-B/34 IPC Police Station Navabad District Jhansi be released on bail on her furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 3.12.2019 Gss
2 issues framed by the court
Whether the applicant is a fit case for bail considering she is the wife of the deceased convicted ofabetting his suicide.
Whether the lack of cogent evidence abetment and the applicant's absence of criminal history warrant release on bail.
Colour shows how this judgement treated each authority
N/AReferred
5 provisions across 2 enactments
Smt. Shajiya
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bachchoo Lal
Parties & counsel
