The Court allowed bail in a case involving death by suicide under Section 306 IPC. Considering the dispute resolution, the suicide note, lack of criminal history, and custody duration, the applicant was released on bail with personal bond and sureties.
The applicant Mata Deen was released on bail on furnishing a personal bond and two reliable sureties.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48794 of 2022
Applicant :- Mata Deen Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav,Anurag Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 256 of 2021, under Section 306 IPC, Police Station Kabrai, District Mahoba, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in respect of the present incident, an information was given by one Ram Pal Yadav, brother of the deceased, at Police Station Kabrai, District Mahoba on 14.08.2021, stating therein that in the intervening night of 13/14-082021, his brother Ram Avtar had gone for guarding his field from the cattle, however, on 14.08.2021 at about 6:00 AM, his dead body has been found hanging from Peepal tree by a Lungi , however, nobody was named in the present case.
On the basis of the said information, police conducted the inquest and thereafter, autopsy was conducted on the person of the deceased. In the post-mortem report, Doctor has noted cause of death to be asphyxia as a result of ante-mortem hanging.
Subsequently, after about ten days of the incident, Naresh son of deceased Ram Avtar, had lodged FIR in the Police Station Kabrai, District Mahoba, alleging therein that applicant along with five others used to harass his father on account of some dispute regarding flow of water from the pond and as such, on 14.08.2021, his father has committed suicide by hanging himself and a suicide note
has also been recovered from his pocket, in which, reason for committing suicide has been mentioned, a copy of which has been annexed as Annexure No.4 to the bail application.
Learned counsel for the applicant has next drawn the attention of the Court to the suicide note, which is alleged to have been recovered from the pocket of the deceased, in which, deceased has written that a settlement was made between the parties on 12.08.2021 in the presence of police, which was acceptable to him and as such on 13.08.2021, he himself had asked the Pradhan to get the work started, however, in the evening, after the work was over, Shailendra Singh and the applicant along with four others started hurling abuses and stated that everyone would provide Rs.2-3 lakh in the said work and asked him to sell all his property to settle somewhere else. Being aggrieved by the said act of the accused persons, victim has committed suicide.
Learned counsel for the applicant has next submitted that even taking the suicide note on its face value, there is nothing to show that the applicant instigated, goaded or compelled the victim to commit suicide and in fact, it appears that on account of over sensitivity, victim has committed suicide, which cannot be attributed to the applicant.
Learned counsel for the applicant has next submitted that the applicant is in jail since 17.09.2022 and has no criminal history to his credit and there is no chance of conclusion of trial in near future due to heavy dockets. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Having considered the rival submissions made by learned counsel for the parties and perusal of the record, it appears that there was some dispute between the applicant and the deceased regarding flow of water from the pond, which was resolved in presence of the police officials, which was acceptable to the deceased and as such, on 13.08.2021, he himself had asked the Pradhan to get the work started, however, in the evening, after the work was over, Shailendra Singh and the applicant along with four others started hurling abuses and stated that
everyone would provide Rs.2-3 lakh in the said work and asked him to sell all his property to settle somewhere else. Being aggrieved by the said act of the accused persons, victim has committed suicide.
Furthermore, even taking the suicide note on its face value, there is nothing to show that the applicant instigated, goaded or compelled the victim to commit suicide and in fact, it appears that on account of over sensitivity, victim has committed suicide, which cannot be attributed to the applicant. The applicant is in jail since 17.09.2022 and has no criminal history to his credit and there is no chance of conclusion of trial in near future because of heavy dockets. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Mata Deen be released on bail in the aforesaid case 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 23.11.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.11.24 10:06:31 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a prima facie case for the grant of anticipatory bail given his innocence and lack of criminal history.
Whether the applicant poses a risk of fleeing or tampering with witnesses during the pendency of the trial.
Whether the suicide note recovered from the deceased implicates the applicant in instigating the suicide.
Mata Deen
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
