High Court allowed bail in a suicide abetment case on non-merits grounds, considering jail overcrowding, lack of criminal history, and fair trial rights under Article 21.
Released on bail with personal bond and two sureties, subject to conditions preventing tampering, ensuring trial cooperation, and attending specified court dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:200712
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44144 of 2023
Applicant :- Sunil Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjai Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sunil, with a prayer to release him on bail in Case Crime No. 56 of 2023, under Section 306 IPC Police Station Milak, District- Rampur, during pendency of trial.
There is allegation against the applicant that he had illicit relationship with wife of the deceased as a result of which deceased committed suicide.Applicant is stated to be brother of the brother-in-law(Sadhu) of deceased.Learned counsel for the applicant has submitted that deceased committed suicide for the reason best known to him.After one month of the incident First Information Report was lodged by the mother of the deceased under sections 302 and 120-B I.P.C.She has lodged the First Information Report only to deprive her daughter-in-law from the property left behind by her deceased son. Even otherwise illicit relationship cannot be considered as ground of abetment of suicide of the deceased. The applicant is in jail since 11.8.2023 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the
uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
to ensure presence of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.10.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of lack of criminal history, overcrowding in jails, and uncertainty regarding the conclusion of trial.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
4 provisions across 3 enactments
Sunil
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
