The court allowed a bail application filed by two applicants accused of instigating the deceased to suicide. Finding no prior criminal history and noting inconsistencies in the prosecution case, the court granted bail subject to standard conditions.
Release of applicants on bail furnished by personal bonds and two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8633 of 2022
Applicant :- Smt.Gyanwati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicants and learned AGA for the State and perused the record.
The present bail application has been filed by the applicants seeking enlargement on bail in Case Crime No. 0176 of 2021, under Section 306 IPC, Police Station Sipari Bazar, District Jhansi.
As per the FIR allegation informant's father had certain landed property at Jhansi and some influential persons were trying to instigate tribals of area so as to take possession of such land. Towards such purpose a false FIR under SC/ST Act has also been got registered by one Rati Adiwasi (applicant no.2) in connection with which the deceased had to go to jail and after being released from jail the deceased was mostly living in isolation. It is also alleged that the informant of FIR under SC/ST Act had also extended threats to the deceased. Further allegation is that on the eventful day certain persons were to visit the deceased in connection with aforesaid property and to discuss the matter and later on when the deceased did not pick his phone then in the morning one of the servants of informant's brother visited his shop and found that body of the deceased was hanging in the toilet. Allegation in FIR is that the deceased was strangulated and subsequently hanged.
The FIR initially was lodged under sections 504, 506, 147, 302 IPC but the prosecution has proceeded against the applicants under section 306 IPC on the basis of suicide note as per which a false FIR was lodged by the applicant no.2 in respect of offence under the SC/ST Act and since the allegation of land grabbing by the deceased was allegedly false, as such it lead to his harassment and ultimate suicide.
At the outset it is noticed that co-accused persons, namely Chandan @ Chandan Adiwari & Brijmohan Joshi and Ganga Ram Kushwaha have been enlarged on bail in Criminal Misc. Bail Application Nos.9371 of 2022 and 8698 of 2022,
respectively, vide separate orders of date.
Learned counsel for the applicants submits that the very premise that the FIR lodged by applicant no.2 under the SC/ST Act was false is incorrect inasmuch as the allegations in Case Crime No.228 of 2020 were investigated by the police and a charge sheet has also been filed against the deceased on 14.10.2020. It is contended that the act of suicide by the deceased apparently after 5-6 months of submission of charge sheet in the aforesaid matter would not furnish sufficient basis or provocation for the act of suicide itself. Contention is that the prosecution has otherwise ignored the fact that there were two ligature mark and the deceased has been found to have been strangulated. Submission is that initially the case setup in the FIR about the deceased having been strangulated and his body having been hanged appears more consistent with the postmortem report but the prosecution has not cared to examine the matter in correct perspective. Argument is that the applicants are ladies and have no prior criminal history and that they have been falsely implicated and are in jail since 27.12.2021 and the trial is not likely to conclude shortly and that the applicants undertake that they will not misuse the liberty of bail and will cooperate in the conduct of trial. Benefit is also sought of proviso to section 437 Cr.P.C.
Learned AGA, on the other hand, states that a suicide note has been recovered from the deceased in which he has alleged harassment by the accused applicants.
Learned counsel for the applicants, in reply, states that recovery of suicide note is doubtful inasmuch as no such recovery was initially made at the time of death and after several days suicide note is alleged to have been recovered.
Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that the applicants have no previous criminal history and the only allegation is of instigating/lodging the FIR against the deceased and no immediate provocation is otherwise shown as also the fact that the postmortem report does not entirely support the prosecution case, the applicants are entitled to be released on bail, at this stage, in view of proviso to section 437 Cr.P.C. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.
Let the applicants - Smt.Gyanwati and Rati Adiwasi , involved in aforesaid case crime be released on bail on their furnishing personal bonds and two sureties each in the like amount to the
satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that they 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.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(v) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(vi) The applicants shall remain present, in person, before the trial court on the 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 applicants 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Accordingly, the present bail application is allowed.
Order Date :- 26.5.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.05.27 09:56:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to bail under Section 437 Cr.P.C. given their clean criminal record and lack of immediate provocation.
Whether the postmortem report supports the prosecution case.
4 provisions across 2 enactments
Smt. Gyanwati
Rati Adiwasi
Hon'ble Ashwani Kumar Mishra,J.
Ashok Kr
As recorded by the court registry
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