Allowed

Anubhav Chaudhary @ Nonu v. State of U.P.

Allahabad HC6 Dec 2022BAIL/37751/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the applicant accused in an offence under Sections 392, 306 IPC. The court found no prima facie material to implicate the applicant in abetting the deceased's suicide and granted bail subject to standard conditions.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two reliable sureties subject to specific conditions regarding attendance and preventing adjournments.

Anubhav Chaudhary @ Nonu Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37751 of 2022

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Applicant :- Anubhav Chaudhary @ Nonu Opposite Party :- State of U.P. Counsel for Applicant :- Abhas Sharma,Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.,Vikash Chandra Tiwari

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Hon'ble Rajiv Gupta,J.

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Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri Abhash Sharma, learned counsel for the applicant, learned AGA for the State, Sri Nitin Sharma, learned counsel for the first informant and perused the record.

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This bail application has been filed by the applicant seeking bail in Case Crime No. 892 of 2022, under Sections 392, 323, 342, 504, 506, 306 IPC, Police Station Kavi Nagar, District Ghaziabad.

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As per the allegations made in the first information report, it is alleged that on 7.7.2022, one Ashish Tyagi, son of first informant alongwith his friends Anubhav Chaudhary @ Nonu (applicant) and Sanjay Rathi had gone to attend the engagement ceremony of his friend Akshay Chaudhary. After the engagement ceremony, applicant- Anubhav Chaudhary had hidden the keys of his vehicle and did not return it back to him, then Ashish after taking the vehicle of Sanjay Rathi was coming at the house of Akshay Chaudhary, however on the way near the diamond tea point the vehicle met with an accident, thereafter, Ashish made a phone-call to his friends and informed them that he has met with an accident. Consequent thereto, Sanjay Rathi, applicant- Anubhav Chaudhary @ Nonu, Akshay Chaudhary and Ajaypal reached there and started misbehaving with Ashish and assaulted him and snatched a golden ring, watch, necklace and taken him to the V.V.I.P. Society and detained him there and assaulted him. Later had taken the accidental vehicle to Dreams Hyundai and started making a demand of Rs. 1,50,000/- and stated that till his vehicle gets repaired, they will not return back his car nor his valuables. Ashish thereafter returned back to his house in a weeping state and informed him the incident.

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Again on 9.7.2022, the applicant went in the marriage of Akshay and asked them to return back his car, however they refused to return back his car and extended death threats to him. Thereafter, Ashish returned back in a weeping state and though his friends repeatedly assured him that he will get back his

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vehicle and asked him not to worry about it. He came back at the house and after sending SMS to the applicant and his brother in-law Sanjay Rathi, committed suicide by shooting him from the licenced pistol of the first informant.

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Learned counsel for the applicant has next submitted that even from the allegations made in the first information report and the material collected during the course of investigation, no offence under Section 306 IPC is made out against the applicant.

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Learned counsel for the applicant has next submitted that even according to the prosecution own case, the victim was assured to get back his vehicle after the repair of the accidental vehicle, however it appears that on account of over sensitivity, the deceased had committed suicide, for which, the applicant cannot be blamed. He has further submitted that even according to the prosecution own case, there is absolutely no evidence to show that the applicant, in any manner, goaded, instigated or abetted the deceased to commit suicide. Further, there is no evidence to show that in the given circumstances, the applicant had no other option but to commit suicide.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 13.7.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. Charge sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.

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Per contra, learned A.G.A. as well as counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that even taking into consideration the entire allegations on its face value, it cannot be said that applicant, in any manner, goaded, instigated or abetted the deceased to commit suicide and that the applicant has no other option in the circumstances of the case but to commit suicide.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that from the allegations made in the first information report and the statement of the witnesses, it is alleged that on 7.7.2022, one Ashish Tyagi, son of first informant alongwith his friends Anubhav Chaudhary @ Nonu (applicant) and Sanjay Rathi had gone to attend the engagement ceremony of his friend Akshay Chaudhary, where after the engagement ceremony, applicant- Anubhav Chaudhary had hidden the keys of his vehicle and did not return it back to him, consequent thereto

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Ashish after taking the vehicle of Sanjay Rathi was coming at the house of Akshay Chaudhary, however, on the way near the diamond tea point, the vehicle met with an accident. Thereafter Ashish made a phone-call to his friends and informed them that he has met with an accident. Consequent thereto, Sanjay Rathi, applicant- Anubhav Chaudhary @ Nonu, Akshay Chaudhary and Ajaypal reached there and started misbehaving with Ashish and assaulted him and snatched his golden ring, watch, necklace and taken him to the V.V.I.P. Society and detained him there and assaulted him. Later had taken the accidental vehicle to its showroom Dreams Hyundai and started making a demand of Rs. 1,50,000/- and stated that till the vehicle get repaired, they will not return back his car nor his valuables. Ashish thereafter returned back to his house in a weeping state and informed the complainant of the incident.

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Again on 9.7.2022, the applicant went in the marriage of Akshay and asked them to return back his car, however, they refused to return back his car and extended death threats to him. Thereafter Ashish returned back in a weeping state and though his friends repeatedly assured him that he will get back his vehicle and not to worry about it. He came back at the house in a weeping state and after sending SMS to the applicant and his brother in-law Sanjay Rathi committed suicide by shooting himself from the licencee pistol of the first informant.

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It is germane to point out here that even from the allegations made in the first information report and the material collected during the course of investigation, no offence under Section 306 IPC is made out against the applicant. According to the prosecution own case, the deceased was assured to get back his vehicle after the repair of the accidental vehicle, however, it appears that on account of over sensitivity, the deceased had committed suicide, for which, the applicant cannot be blamed.

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Even according to the prosecution own case, there is absolutely no evidence to show that the applicant, in any manner, goaded, instigated or abetted the deceased to commit suicide. Further, there is no evidence to show that in the given circumstances, the deceased had no other option but to commit suicide. The victim was assured for the return of his jewellery/car after the repair of the accidental car. Furthermore, the applicant is in jail since 13.7.2022 and has no criminal history to his credit. The charge sheet has also been submitted. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In the backdrop of the aforesaid circumstances, I am of the view that prima facie applicant has made out a case for bail.

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Let the applicant- Anubhav Chaudhary @ Nonu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(1). 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.

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(2). 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 IPC.

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(3). 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 IPC.

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(4). 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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 6.12.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.07 13:55:00 IST Reason: Location: High Court of Judicature at Allahabad

Anubhav Chaudhary @ Nonu v. State of U.P.

Case brief

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Anubhav Chaudhary @ Nonu v. State of U.P.

Case brief

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