Allowed

Rani v. State of U.P. Thru. Prin. Secy. Home Deptt. Secrt. Lko.

Allahabad HC5 Jan 2023/90/2023

Case brief

AI extract

What is this about?

The High Court released the applicant on bail in a case under Section 306 IPC alleging instigation of suicide. Finding that no overt act was assigned against the applicant in the FIR and accepting her undertaking to cooperate, the court granted bail with standard conditions preventing absence and misuse of liberty.

What did the court decide?

Rani to be released on bail on furnishing personal bond and two sureties with conditions regarding absence and maintenance of cooperation.

Rani Vs State of U.P. Thru. Prin. Secy. Home Deptt. Secrt… — Bail and Remand | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 90 of 2023

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Applicant :- Rani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Secrt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 28.10.2022 in Case Crime No.494 of 2022, under Section 306 IPC, Police Station – Sakaran, District – Sitapur.

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Learned counsel for the applicant has submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged. The victim has committed suicide after eight years of her marriage and as per allegation of the FIR, no overt act has been assigned to the applicant to instigate/ abet her to commit suicide, therefore, in such circumstances, offence under Section 306 IPC may not be made out. He has further submitted that relation of the present applicant was cordial with her daughter-in-law and she has never tortured her nor instigated her to commit suicide. Charge sheet has been filed. Learned counsel has given undertaking on behalf of the applicant that the applicant shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.

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Learned A.G.A has, however, opposed the prayer for bail but he has not disputed the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the case, considering the arguments of learned counsel for the parties, the fact that in the FIR, no overt act has been assigned to the applicant to instigate/ abet the victim to commit suicide, charge sheet has been filed and the aforesaid undertaking given on behalf of the applicant, I find it appropriate to release the applicant on bail.

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Let applicant- Rani be released on bail in the aforesaid case

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crime number 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:-

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(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.

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

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(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.

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(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.

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(v) The applicant shall not leave India without previous permission of the court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 5.1.2023 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rani v. State of U.P. Thru. Prin. Secy. Home Deptt. Secrt. Lko.

Case brief

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Rani v. State of U.P. Thru. Prin. Secy. Home Deptt. Secrt. Lko.

Case brief

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What did the court decide?

What the court decided

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