Allowed

Sushil @ Kala v. State of U.P.

Allahabad HC23 Feb 2023BAIL/55390/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Sushil @ Kala, charged under Section 306 IPC for aiding suicide. The court was satisfied with the arguments regarding his conduct and lack of flight risk without making observations on the merits of the case.

What did the court decide?

The applicant Sushil @ Kala to be released on bail on furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence or influence witnesses and to appear in court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55390 of 2022

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Applicant :- Sushil @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava,Sweety Srivastava

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.1219 of 2019 at Police Station-Kotwali Nagar, District-Bulandshahr under Section 306 IPC. The applicant is in jail since 21.10.2022.

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The bail application of the applicant was rejected by the learned trial court on 17.11.2022.

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The following arguments made by Shri Javed Alam, learned counsel holding brief of Shri Dheeraj Kumar Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant is a contractor.

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(2). The husband of the deceased was in the employ of the applicant.

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(3). The victim was depressed on account of estranged relationship with her husband and also the

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opposition of her family members to her illicit relationship with the principal offender Sonu.

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(4). The applicant did not aid, abet or instigate the suicide of the victim.

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(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sushil @ Kala be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The

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following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 23.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Sushil @ Kala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sushil @ Kala v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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