Single judge allowed bail in a charge sheet case of abetment to suicide (Section 306 IPC) under Section 437 CrPC. The court did not decide on merits but found the applicant had made out a case for bail subject to conditions to appear and not tamper with evidence.
Released on bail furnishing personal bond and two heavy sureties each.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2120 of 2022
Applicant :- Sudhir Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No prima facie case for the offence under section 306 IPC is made out against the applicant. Deceased was married to the applicant way back 20 years. She was issueless. Applicant and the deceased both got treatment in this respect at many places. Referring to the postmortem report, it is further submitted that the deceased committed suicide herself due to aforesaid reason. It is further argued that none of the ingredients of the offence under section 306 IPC are available against the applicant. It is next contended that one plot had also been purchased by the applicant in the name of deceased and it was sold due to interference of the informant and the informant had received a cheque amounting to Rs.3 lacs. It is further submitted that the first information report was lodged with ulterior motive. To substantiate the aforesaid argument, learned counsel for the applicant has referred to the documents annexed with the bail application and further argued that the applicant is languishing in jail since 3.12.2021 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sudhir Kumar involved in Case Crime No.232 of 2021 under Section 306 IPC, Police Station Sikandara, District - Kanpur Dehat be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
commission of which he is suspected.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 8.2.2022
ss
Digitally signed by SANDEEP SHARMA Date: 2022.02.16 17:36:08 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted in a case involving charge of abetment to suicide under Section 306 IPC.
Whether the applicant has made out a case for bail given the allegations of false implication.
Whether the conditions proposed for bail are sufficient to protect the trial process.
1 provisions across 1 enactments
Sudhir Kumar
Om Prakash-VII
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
