Allowed

Jyoti v. State of U.P.

Allahabad HC7 Apr 2023BAIL/14474/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by an accused charged under Section 306 I.P.C. for abetting suicide. The Court found that no direct overt act of instigation was assigned to the applicant and, without expressing an opinion on merits, held that the conditions for bail were satisfied upon furnishing a personal bond and sureties.

What did the court decide?

Bail granted on furnishing a personal bond and two heavy sureties subject to five conditions regarding tampering, intimidation, and court appearance.

Jyoti Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14474 of 2023 Applicant :- Jyoti Opposite Party :- State of U.P. Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A.,M.P.S. Chauhan

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Hon'ble Krishan Pahal,J.

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1. List has been revised.

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Heard Shri Hemant Sharma, Advocate holding brief of Shri Omvir Singh Rajpoot, learned counsel for the applicant and Shri M.P.S. Chauhan, learned counsel for the informant as well as Shri R.M. Yadav, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.614 of 2022, under Section 306 I.P.C., Police Station Sasnigate, District Aligarh, during the pendency of trial.

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As per prosecution story, the applicant, who happens to be the wife of the deceased person, alongwith her family members are stated to have demanded an amount of Rs.10 lacs from the deceased lest she would divorce him and remarry some other person, thereby drawing him to commit suicide on 08.12.2022.

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Learned counsel for the applicant has stated that the applicant is innocent and has been falsely implicated in the present case only on the ground that she is the wife of the deceased person and was threatening him to divorce him. Learned counsel has further stated that there are two suicide notes on record which indicate that a demand of Rs.1 lacs was being made by the father of the applicant Pappu. Learned counsel has further stated that no ingredients of Section 107 I.P.C. stand fulfilled as there is no instigation at the part of the applicant to the deceased person to commit suicide, as such Section 306 I.P.C. does not carry any weight against the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 09.12.2022. In case, the applicant is released on bail, she will not misuse the liberty of bail.

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Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that both the suicide notes categorically indicate that it was the applicant who had threatened the deceased person to

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divorce him and she had got the said demand made by her father, as such the deceased has committed suicide.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no direct overt act assigned to the applicant of abetting the deceased to commit suicide, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Jyoti involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which she is suspected.

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(v) The applicant 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Krishan Pahal, J.)

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Order Date :- 7.4.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Jyoti v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jyoti v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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