Allowed

Smt. Sakshi v. State of U.P. and Another

Allahabad HC6 Jul 2020ABAIL/3277/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad granted anticipatory bail to an applicant accused of instigating suicide under Section 306 IPC, noting the motive of maligning the husband's image, and imposed standard bail conditions.

What did the court decide?

Anticipatory bail granted till the submission of the police report under Section 173(2) Cr.P.C. on conditions to appear for interrogation, not tamper with witnesses, and not leave India without permis

Smt. Sakshi Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3277 of 2020

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Applicant :- Smt. Sakshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Atul Kumar, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the deceased who was eleven years old girl committed suicide and reason for committing suicide has been concealed by the informant who is the mother of the deceased. Initially the FIR was registered under Section 302 IPC against the applicant, her husband and other family members but during the course of investigation, the case was converted under Section 306 IPC and as per postmortem report, cause of death is asphyxia as a result of antemortem hanging. The husband of the applicant namely Rahul was arrested by the police and thereafter he has been granted bail by the competent court. The present FIR has been lodged against the applicant just to malign his image in the society.

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Learned A.G.A. 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 his 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 Smt. Sakshi, involved in Case Crime No.420 of 2019, u/s 306 IPC, P.S. Civil Line, district Muzaffarnagar, she 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 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 herself 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 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 party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, 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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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 6.7.2020 Gaurav

Smt. Sakshi v. State of U.P. and Another

Case brief

What is this about?

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Smt. Sakshi v. State of U.P. and Another

Case brief

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