Allowed

Nahna@ Kishan v. State of U.P.

Allahabad HC7 Feb 2023BAIL/33244/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Nahna @ Kishan accused of abetting suicide under Section 306 IPC. The court observed lack of evidence regarding instigation and ordered his release on bail subject to conditions to appear in court and not misuse liberty. The court clarified that observations do not reflect on ultimate merits.

What did the court decide?

Released on bail by furnishing personal bond and two sureties with undertakings to appear in court and not seek adjournments.

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

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33244 of 2021 Applicant :- Nahna@ Kishan Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.,Diwakar Tiwari,Hari Nand Singh

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Hon'ble Mrs. Saroj Yadav,J.

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Counter affidavit filed today by learned AGA is taken on record.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 99 of 2021, under Section 306 IPC, Police Station Harduaganj, District Aligarh, with the prayer to enlarge him on bail.

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Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant, Sri Ujwal Pandey, Advocate holding brief of Sri Diwakar Tiwari, learned counsel for the complainant and Sri Shyam Babu, learned Brief Holder for the State respondent.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the only evidence against the accused applicant, which has come in the statement of the witness is that the accused applicant slapped his sister, who was allegedly holding the hand of the deceased. He further submitted that the accused applicant had never instigated or abetted the deceased prompting him to commit suicide. He further submitted that in the post mortem report the cause of death has been shown asphyxia as result of ante mortem hanging. He further submitted that the accused applicant does not have any criminal history as has been stated in paragraph no. 20 of the affidavit filed in support of the bail application. He is languishing in jail since 17.04.2021, as such, he may be enlarged on bail.

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Per contra, learned Brief Holder appearing on behalf of the State-respondent as well as learned counsel for the complainant opposed the bail application of the accused applicant and submitted that the deceased committed suicide because some altercation took place between the

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deceased and the accused applicant as the accused applicant slapped his (accused/applicant's) sister as she was holding the hand of the deceased. Therefore, the accused applicant should not be enlarged on bail.

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Considered the rival submissions and perused the material available on record.

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It transpires from the record that there is only allegation which came against the accused applicant is that he slapped his sister, who was holding the hand of the deceased. There is no allegation on record to establish that the accused applicant ever abetted or instigated the deceased to commit suicide.

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Considering all the facts and circumstances of the case, without commenting on merits of the case, it appears just to enlarge the applicant on bail.

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Accordingly, the bail application filed on behalf of applicant is allowed .

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Let the applicant Nahna@ Kishan involved in Case Crime No. 99 of 2021, under Section 306 IPC, Police Station Harduaganj, District Aligarh, be released on bail on his 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 he 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 his 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.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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,

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the trial court shall initiate proceedings against him, 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 him in accordance with law.

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(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 7.2.2023/Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad

Nahna@ Kishan v. State of U.P.

Case brief

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Nahna@ Kishan v. State of U.P.

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