Allowed

Anoop Shukla v. State of U.P.

Allahabad HC8 Dec 2022BAIL/36785/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Anoop Shukla in a case under Section 306 IPC involving alleged instigation to commit suicide. The judge found the sole allegation of resiling from a marriage promise prima facie insufficient to constitute instigation and granted bail.

What did the court decide?

Release of the applicant on bail via personal bond and two sureties subject to specific conditions.

Anoop Shukla Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36785 of 2022

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Applicant :- Anoop Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Rishi Kant Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Rishi Kant Singh Chauhan, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 284 of 2022, under Section 306 IPC, Police Station Kalyanpur, District Kanpur Nagar.

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3.The aforesaid case has been registered on the basis of an FIR lodged on 21.04.2022 At 21:50 hours, alleging that the informant's sister was in love with the applicant for the past three years and the applicant had promised to marry the informant's sister. However, on 20.04.2022, the applicant resiled from his promise and stated that he would not marry the informant's sister. After that the informant's sister consumed sulfas tablet and she died on 21.04.2022 at 05:55 p.m.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 06.05.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.During investigation, the police recorded statements of the informant and another brother of the deceased and also of her father, all of whom stated that earlier the applicant had promised to marry the informant's sister but later on he resiled from the promise, for which reason the informant's sister consumed sulfas tablet and committed suicide.

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6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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7.Having considered the aforesaid facts and circumstances and keeping in view the fact that there is a sole allegation against the applicant is that previously he had promised to marry the informant's sister but later he resiled from promise and thereafter the informant's sister committed suicide by consuming sulfas, prima facie the aforesaid allegations do not make out instigation of commission of suicide by the applicant and keeping in view the aforesaid facts along with the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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8.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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9.Let the applicant Anoop Shukla be released on bail in Case Crime No. 284 of 2022, under Section 306 IPC, Police Station Kalyanpur, District Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 8.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.12 18:09:51 IST Reason: Location: High Court of Judicature at Allahabad

Anoop Shukla v. State of U.P.

Case brief

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Anoop Shukla v. State of U.P.

Case brief

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