Allowed

Mukesh Kumar @ Jagdish Kumar v. State of U.P.

Allahabad HC9 Nov 2022BAIL/43524/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused of abetting suicide under Section 306 IPC, holding it fit for bail despite gravity of offence, subject to specific conditions including appearance before trial court and filing undertaking. The judgment does not express an opinion on merits of the charge.

What did the court decide?

Released on personal bond and two sureties subject to conditions including attendance in court and not seeking adjournments.

Mukesh Kumar @ Jagdish Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43524 of 2021

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Applicant :- Mukesh Kumar @ Jagdish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava,Hardev Singh,Ramesh Chandra Agrahari,Virendra Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

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The applicant seeks bail in Case Crime No. 107 of 2021, under Section 306 IPC, P.S. Fazalganj, District Kanpur Nagar.

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As per version of the FIR, daughter of the informant is said to have committed suicide on 10.08.2021.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident was reported on 14.8.202 without there being any plausible explanation. It is further submitted that there is no direct or indirect or circumstantial evidence available on record to connect the applicant with the alleged crime. It is further submitted that there is no role of abatement of suicide against the applicant. It is further submitted that the informant has only shown suspicion upon the applicant in his statement under Section 161 Cr.P.C. It is further submitted that the applicant has no criminal history and is in jail since 15.08.2021.

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Learned AGA has, however, opposed the bail application.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant- Mukesh Kumar @ Jagdish Kumar , who is involved in aforementioned 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.

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(i) The applicant shall file an undertaking to the effect that he

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shall not seek any adjournment on the date 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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(ii) 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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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 9.11.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.09 17:19:33 IST Reason: Location: High Court of Judicature at Allahabad

Mukesh Kumar @ Jagdish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar @ Jagdish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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