This court granted anticipatory bail to applicants falsely implicated in an abetment to suicide and insult case, applying the Constitution Bench guidelines from Sushila Aggarwal.
Allow anticipatory bail till conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each.
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Neutral Citation No. - 2023:AHC:216116
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11717 of 2023
Applicant :- Pushpendri Devi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
not verified by the FSL Report Agra. He furhter submits that all applicants were living in their house at Village Sinsini, District Bharatpur, Rajasthan whereas the deceased has committed suicide in his parental house, hence, no offence under Section 306 IPC is made out against the applicants. None of the witnesses have supported the prosecution story. The applicants are having no previous criminal history as has been mentioned in paragraph 27 of the affidavit. He further submits that applicants have apprehension of imminent arrest and in case, the applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
(i) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
(ii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iii) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.
(v) In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vi) The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
Order Date :- 9.11.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 Cr.P.C. under allegations of abetment to suicide and insult should be allowed.
What conditions should be imposed on the applicants while granting anticipatory bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Applied¶11
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Sushila Aggarwal vs. State (NCT of Delhi)Applied¶17
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
3 provisions across 2 enactments
Pushpendri Devi And 3 Others
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
