This order grants bail to Clara Tom Kinson in a trial under Section 306 I.P.C. (abetment of suicide). The court allowed the bail application, directing the release on a personal bond and two heavy sureties subject to standard conditions.
Release on bail by furnishing a personal bond and two heavy sureties each in the like amount.
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.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7319 of 2023
Applicant :- Clara Tom Kinson Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
been found matched with his hand writing by the forensic experts, but there is no overt act assigned to the applicant of having abetted the deceased to commit suicide. Learned counsel has also stated that there was a dispute between husband and wife and the children were handed over to the wife Rajni Chowdhary. The said dispute cannot be a ground to commit suicide and there is nothing on record that applicant has impelled him to commit suicide.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail under Section 306 I.P.C. without expressing an opinion on merits.
Whether the applicant should be released on bail considering the complicity of accused and severity of punishment.
1 provisions across 1 enactments
Clara Tom Kinson
State of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
