Allowed

Gautam v. State of U.P. Thru Addl Chief Secy Home Lko

Allahabad HC16 Dec 2022/9650/2022

Case brief

AI extract

What is this about?

Hon'ble Dinesh Kumar Singh, J. discharged the applicant on bail in a suo motu/FIR case regarding abetment of suicide, noting insufficient evidence of complicity by the applicant and non-allegation by children. Bail granted with conditions to attend trial and avoid misuse.

What did the court decide?

Released on bail furnishing personal bond and two sureties with conditions to appear for evidence, framing of charge, recording of statement, and avoid misuse.

Gautam Vs State of U.P. Thru Addl Chief Secy… — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9650 of 2022

¶3

Applicant :- Gautam Opposite Party :- State Of U.P. Thru Addl Chief Secy Home Lko Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶6

The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/ Case Crime No.200 of 2022, under Sections 306, 34, 504 and 506 IPC, Police Station Lonar, District Hardoi.

¶7

Accused-applicant is the husband of the deceased, Vineeta Srivastava. Marriage between the accused-applicant and the deceased took place 17 years before the date of incident. Out of the wedlock, there are two children born from the deceased, of which eldest one is around 11 years old.

¶8

Post-mortem report would suggest that except for ligature mark, no other injury was found on the body of the deceased and the cause of death was due to ante-mortem hanging.

¶9

Statements of the two children of the deceased got recorded under Section 161 Cr.P.C. and they have not alleged any offence by the accused-applicant. They have said that on the date of incident when their father was away in his agriculture field, the deceased committed suicide by hanging herself. Except for bald statements by the complainant and his family members regarding harassment and torture by the accused-applicant to the deceased, there is nothing on record which would suggest that the accused-applicant abetted to suicide by the deceased. Accused-applicant has been in jail since 5.6.2022.

¶10

Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

¶11

Considering the above facts and circumstances of the case, coupled with the

¶12

contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.

¶13

Let applicant Gautam be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

¶14

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶15

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶16

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶17

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶18

Order Date :- 16.12.2022 Rao/-

¶19

Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.16 18:19:32 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Gautam v. State of U.P. Thru Addl Chief Secy Home Lko

Case brief

What is this about?

What did the court decide?

Gautam v. State of U.P. Thru Addl Chief Secy Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Diwakar Pandey Vs State of U.P. Thru. Superintendnet of Police Central Bureau

Awadh Nishad S/O Bhagau Nishad Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Ram Dulare Vs State of U.P. Thru Secy. Home Lucknow

Sidheshwar @ Chhotu Vs State of U.P. Thru. Secy. Home Lko.

Pankaj Kumar Vs State of U.P. Thru. Secy. Home Lko.

Bablu Vs State of U.P. Thru. Secy. Home Lko.