This bail application was filed by Pushpa Devi accused under Section 306 IPC for abetment to suicide. The High Court allowed the bail application, observing that a prima facie case for bail had been made out despite allegations of harassment and dispute.
The applicant was released on bail on furnishing a personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23873 of 2021
Applicant :- Pushpa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Agarwal,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has been falsely implicated in this case. The applicant is wife of deceased and marriage of applicant with deceased has taken place about one and a half years prior to the incident. Learned counsel has pointed out the statement of witnesses namely, Kanhaiya @ Kanhilal, Ramnaresh, Ramniwas, Ishawari Prasad and others and they all have stated that after marriage, there has been some matrimonial dispute between applicant and deceased due to that reason on occasion of 'Rakchabandhan' applicant has gone to her parental home and after that she did not return and when deceased tried to bring her back, she has refused. Learned counsel has submitted that alleged incident of suicide has taken place on 06.03.2021 and thus, from statements of said witnesses, it is apparent that applicant was residing at her parental home since last 'Rakchabandhan' which was in August, 2020. It has been stated that applicant was residing at her parental home since last 6 to 7 months prior to the incident and even if, she was not returning to her matrimonial home, it cannot be said that she has abetted the deceased to commit suicide. It has also been stated that earlier applicant was being harassed by deceased and his family members and that she has
lodged a case under Section 498-A IPC against her husband and his family members and one more case under Section 125 Cr.P.C. was also lodged by applicant. It has been submitted that there is no evidence to show that applicant has abetted the deceased to commit suicide. In support of this submissions, learned counsel for the applicant has also placed reliance upon case of Amalendu Pal Alias Jhantu Vs. State of West Bengal (2010) 1 Supreme Court Cases 707. It has been submitted that applicant is a lady and she is languishing in jail since 03.04.2021 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that deceased has committed suicide, as he was being harassed by his wife/applicant. It has been submitted that before incident deceased has made a video in his mobile phone, wherein, he has stated that he is committing suicide due to harassment meted out by his wife/applicant. However, it could not be disputed that at the time of alleged incident, applicant was residing at her parental home and there was some matrimonial dispute between applicant and deceased.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Pushpa Devi involved in Case Crime No.9 of 2021, under Section 306 IPC, P.S. Nagla Singhi, District Firozabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction
of the court concerned subject to following conditions:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
5.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 or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.11.2021 Neeraj
Digitally signed by RAJBEER SINGH Date: 2021.11.27 15:32:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case alleging abetment to suicide.
Whether the allegations of being present at the place of suicide preclude the release on bail.
Colour shows how this judgement treated each authority
Amalendu Pal Alias Jhantu Vs. State of West BengalReferred¶7
(2010) 1 Supreme Court Cases 707
1 provisions across 1 enactments
Pushpa Devi
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
