Tinku v. State of U.P.
Case brief
What is this about?
Held that a bail application under Section 306 IPC is allowed as prosecution evidence did not connect the applicant with the offence and he was falsely implicated. No observations were made on the merits of the case.
What did the court decide?
Applicant granted bail on own bond and two sureties in like amount with conditions not to tamper with evidence or influence witnesses.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8370 of 2022
Applicant :- Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh,Vinay Kumar Patel,Yashwant Pratap Singh Counsel for Opposite Party :- G.A.,Bal Ram Bind
Hon'ble Ajay Bhanot,J.
Counter affidavit filed on behalf of the State is taken in the record.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 33 of 2022 at Police Station Sarai Khwaja District Jaunpur under Sections 306 I.P.C. The applicant is in jail since 18.01.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge-III, Jaunpur on 28.01.2022.
Shri Vinay Kumar Patel, learned counsel and Shri Yashwant Pratap Singh, learned counsels for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. Three children were born in the wedlock. One male child died soon after his birth. The victim became depressed after the death of the new born child. On the fateful day, the victim succumbed to depression and took extreme step of committing suicide
by hanging herself. The applicant is bereaved by the death of his wife. He prays for the peace of the departed soul. The postmortem report opines that the cause of death as asphyxia due to antemortem hanging. The hyoid bone was found intact. The postmortem report references ligature marks as the antemortem injuries which are consistent with the hanging. The applicant did not aid or abet the suicide. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case alleging abetment to suicide.
Parties & counsel
- applicant
Tinku
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/8370/2022
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