This court allowed a bail application filed by the accused in a case of abetment to suicide. The court considered the lack of evidence, delay in lodging the FIR, and absence of criminal history, concluding that the applicant had made out a case for bail.
The applicant was released on bail on furnishing a personal bond and two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37474 of 2022
Applicant :- Suresh Kumar @ Brijesh Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.,Dinesh Kumar Gupta,Mahesh Kumar Gupta
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 119 of 2021, under Sections 306 of I.P.C., P.S. Lalpura, District Hamirpur, during pendency of the trial.
As per FIR applicant and deceased were having affairs with each other since long and initially FIR was lodged under under Section 302 IPC and three accused persons were named including applicant. Thereafter, during investigation the case was converted into Section 306 IPC. As per statement of the witnesses recorded under Section 161 Cr.P.C. There is no evidence of abetment by the applicant, as such no offence under section 306 is made out. Initially, brother of the deceased stated that the incident took place on 03.09.2021 and FIR was lodged on 09.10.2021 against the applicant with long delay and there is no explanation of the delay. As per postmortem report cause of death was hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 04.05.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Suresh Kumar @ Brijesh Kumar
Prajapati , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.11.2022/Neetu
Digitally signed by NEETU SINGH Date: 2022.11.17 12:08:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in an abetment to suicide case considering lack of evidence and delay in FIR.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Suresh Kumar Prajapati
State of U.P.
Shekhar Kumar Yadav
Neetu Singh
As recorded by the court registry
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