Allowed

Arun Kumar Singh v. State of U.P.

Allahabad HC23 Sept 2020BAIL/26852/2019

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a case involving abetment of suicide by inducement. The court found that despite strained relations, the evidence did not show acts of aid, instigation, or conspiracy. Given the applicant's lack of criminal history and the nature of allegations, bail was allowed.

What did the court decide?

Application for bail allowed; applicant to be released on personal bond and two sureties with conditions.

Arun Kumar Singh Vs State of U.P. — Domestic Violence | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26852 of 2019

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Applicant :- Arun Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This is an application for bail on behalf of the applicant, Arun Kumar Singh, in connection with Case Crime No. 46 of 2019, under Sections 498A, 306 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Sarnath, District - Varanasi.

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Heard Sri Amit Kumar Srivastava, learned Counsel for the applicant and the learned A.G.A. appearing for the State.

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The submission of learned counsel for the applicant is that the deceased committed suicide, abetment of which, the applicant stands charged with. The applicant is the deceased's husband. It is pointed out that the deceased left a detailed suicide note written in her hand, which is addressed to her parents. It is submitted that a perusal of the suicide note shows that it relates to differences between the spouses and their temperament or what may be called wear and tear of marriage. Perusing the suicide note, there is nothing to indicate, according to the submission of learned counsel for the applicant, that he did any act to instigate, aid or conspire in order to cause the deceased to commit suicide. As such, according to the submission of the learned counsel for the applicant, for differences or quarrels between the husband and wife, the applicant cannot be charged with an offence of abetment to commit suicide. It is also pointed out that there was litigation between the spouses pending, which is also indicative of marital discord, but not of

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abetment. It is submitted that the applicant has no criminal history and is in jail since 05.02.2019.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that relations between spouses appear to have been strained, where the applicant has been blamed of causing distress to his wife, but none of those constitute acts of aid, instigation or conspiracy, so as to attract an offence under Section 306 I.P.C., the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed .

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Let the applicant - Arun Kumar Singh , involved in Case Crime No. 46 of 2019, under Sections 498A, 306 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Sarnath, District - Varanasi, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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(i) The applicant shall not tamper with the prosecution evidence.

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(ii) The applicant shall not threaten or harass the prosecution witnesses.

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(iii) The applicant shall appear on the date fixed by the Trial Court.

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(iv) The applicant shall not commit an offence similar to the

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offence of which the applicant is accused, or suspected of the commission.

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(v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vii) The computer generated copy of such order shall be selfattested by the counsel of the party concerned.

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(viii) The Court concerned/Authority/Official shall verify the authenticity of such 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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In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

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Order Date :- 23.9.2020 I. Batabyal

Arun Kumar Singh v. State of U.P.

Case brief

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Arun Kumar Singh v. State of U.P.

Case brief

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