Single judge allowed bail to the applicant in a case concerning abetment to suicide. The court found merit in the submission that the applicant was falsely implicated and granted release upon personal bond and sureties.
Applicant Arvind Yadav released on bail in crime no. 238 of 2021 on furnishing personal bond and two sureties on specified conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27133 of 2022
Applicant :- Arvind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.238 of 2021 at Police Station Kotwali District Jaunpur under Section 306 IPC. The applicant is in jail since 27.04.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Jaunpur on 17.05.2022.
Shri Ajay Kumar Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is related to the deceased. The deceased was a property dealer who fell on hard times. He committed suicide due to financial destitution. The applicant did not aid or abet the suicide. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is
entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Arvind Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case any averment in the bail application or during the course of argument is found to be false or in case of breach of any of the above condition the State may move an application for cancellation of bail application.
Order Date :- 21.7.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.07.22 15:31:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in the criminal charges of abetment to suicide.
Whether the applicant can be held liable for abetment to suicide.
Arvind Yadav
Ajay Bhanot
Nadeem Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
