Allowed

Abhay Kumar Shukla v. State of U.P. Thru. Addl. Chief Secy. Dept. of Home Civil Sect. Lko

Allahabad HC27 Mar 2023/1471/2023

Case brief

AI extract

What is this about?

The Single Judge ordered enlargement of the applicant on bail in a case of abetment to suicide. The court found that prima facie the available material did not show the applicant abetted the suicide, noting two-way communication existed despite alleged harassment.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties and adhering to standard bail conditions.

Abhay Kumar Shukla Vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1471 of 2023

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Applicant :- Abhay Kumar Shukla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Dept. Of Home Civil Sect. Lko

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Counsel for Applicant :- Vyas Narayan Shukla,Raghvendra Ojha

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Counsel for Opposite Party :- G.A.,Vijayendra Prakash Tripathi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vyas Narayan Shukla, the learned counsel for the applicant, Sri Manish Kumar Pandey, the learned A.G.A.-I for the State as well as Sri Vijayendra Prakash Tripathi, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime no. 604 of 2022, under Section 306 I.P.C., registered at Police Station Ram Nagar, District Barabanki.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 05.09.2022 stating that the applicant, who was working as Panchayat Secretary, had engaged the informant's wife as care taker of a toilet, and thereafter, he started calling her to his house for making illicit physical relations with her. When the informant's wife opposed it, the applicant removed her from the post of care taker. It is further alleged that the applicant started sending obscene messages on the mobile phone of the informant's wife and he obtained some obscene photographs of the informant's wife which were used by him to blackmail her, so as to make physical relations with her. Due to the aforesaid harassment done by the applicant in the F.I.R. on

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02/03.09.2023 at about 3:30 a.m. the informant's wife committed suicide by consuming poison. The F.I.R. alleges that informant's wife was taken to Nidan Hospital, Barabanki, thereafter, she was taken to Hind Medical Hospital and during treatment, she told about the aforesaid act of the applicant to him. Ultimately, the informant's wife died on 04.09.2022 at about 11:30 p.m.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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A copy of post-mortem report of the dead body of deceased has been annexed with the affidavit, which mentions that cause of death could not be ascertained.

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The learned A.G.A. has filed a counter affidavit annexing therewith copies of statement recorded during investigation and copies of transcript of Whatsapp chat which prima facie indicates that there was no undue pressure on the deceased from the side of the applicant.

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The informant has also filed a counter affidavit annexing therewith printouts of Whatsapp chat between the applicant and the deceased which have already been referred to above.

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Having considered the aforesaid facts and circumstances of the case, what prima facie appears that from the material available on record before the Court at this stage is that the deceased used to communicate with the applicant through Whatsapp for a considerable period of time and the communication was both ways; that there is nothing which prima facie the ingredients of offence of abetment to commit suicide against the applicant. Keeping in view the aforesaid fact and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a

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case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant Abhay Kumar Shukla be released on bail in Case Crime no. 604 of 2022, under Section 306 I.P.C., registered at Police Station Ram Nagar, District Barabanki on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi,J.)

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Order Date :- 27.3.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Abhay Kumar Shukla v. State of U.P. Thru. Addl. Chief Secy. Dept. of Home Civil Sect. Lko

Case brief

What is this about?

What did the court decide?

Abhay Kumar Shukla v. State of U.P. Thru. Addl. Chief Secy. Dept. of Home Civil Sect. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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