Allowed

Vinod Kumar v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Govt. Lko.

Allahabad HC20 Jan 2023/1024/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 1024 of 2023, the Court granted bail to Vinod Kumar involved in a charge under Section 306 IPC for abetment to suicide. The applicant was released on principle of parity with a co-accused who had been enlarged on bail in a similar role. The Court imposed personal bond and two sureties along with specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to conditions regarding court appearance and refraining from leaving the country.

Vinod Kumar Vs State of U.P. Thru. the Prin. Secy. Deptt… — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 11

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1024 of 2023

¶3

Applicant :- Vinod Kumar Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Govt. Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajesh Singh Chauhan,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Anuj Dayal, learned counsel for the informant / complainant who has filed counter affidavit along with 'Vakalatnama', same is taken on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant is in jail since 25.5.2022 in Case Crime No. 57 of 2021 u/s 306 IPC, P.s. Achalganj, District Unnao. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged.

¶7

Learned counsel for the accused-applicant while referring to the first information report as well as to the alleged suicide note left behind by the deceased and the copy of the plaint of a civil suit entitled 'Anoop Kumar vs. Girja Shanker and five others' filed in the Court of Civil Judge (Senior Division), Unnao, vehemently submits that with regard to a plot of land a dispute was existing between the applicant's family and the family of deceased and in this regard a civil suit was filed by the instant applicant and his other two brothers against six respondents including the deceased in the Court of Civil Judge (Senior Division), Unnao and both the parties have also given applications to different public authorities against each other and they were litigating bonafidely at appropriate forum and by any stretch of imagination this could not be termed as an abetment as defined under Section 107 of the Indian Penal Code.

¶8

Elaborating further, it is vehemently submitted that to constitute an offence under Section 306 I.P.C. there has

¶9

to be a direct nexus and relation between the alleged act and omission of the accused person and the act of commission of suicide, which is lacking in the instant case.

¶10

Learned counsel for the applicant has further submitted that the co-accused person namely, Pramod Kumar, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 5.1.2023 in Criminal Misc. Bail Application No. 8904 of 2022. He also submits that since similar role has been assigned to the applicant and case of the applicant is in parity with the co-accused, therefore, the applicant is also entitled for bail. He has further submitted that charge-sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses.

¶11

The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

¶12

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Sri Anuj Dayal, learned counsel for the informant has stated that he is not opposing the bail which has been prayed on the basis of parity but wife of the present applicant has filed frivolous application against the brother of the informant u/s 156(3) Cr.P.C. for exerting pressure.

¶13

Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Pramod Kumar, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 5.1.2023 in Criminal Misc. Bail Application No. 8904 of 2022, therefore, on the principle of parity the applicant is entitled to be released on bail in this case.

¶14

Let the applicant Vinod Kumar , involved in aforesaid

¶15

case crime be released on bail on her furnishing a personal bond 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:-

¶16

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

¶17

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶18

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶19

(iv) 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 her in accordance with law.

¶20

(v) The applicant shall not leave the country without permission of the Court concerned.

¶21

Before parting with it is expected that the trial shall be concluded with expedition. Further, the learned trial court may take all coercive measures as per law if either of the parties do not co-operate in the trial properly. The learned trial court shall fix short dates to ensure that trial is concluded at the earliest.

¶22

(Rajesh Singh Chauhan, J.)

¶23

Order Date :- 20.1.2023 Om

¶24

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Vinod Kumar v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ajay Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Other

Smt. Ram Dulari Alias Dulari Vs State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko.

Manorma Devi Alias Manorama Singh Vs State of U.P. Thru. Prin. Secy. Deptt. Home, Civil Sectt. Lko.

Chaitu Ram Vs State of U.P. Thru. Prin. Secy. Home

Ajay Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Akhilesh Dubey S/O Pramod Kumar Dubey Vs State of U.P. Thru. Prin. Secy. Home