Allowed

Satyapal v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Allahabad HC1 Oct 2024/10554/2024

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the release of the applicant, the husband of the deceased, who was accused of abetment to suicide. The court found that while the justice in the physical causes found, prima facie failed suggest abetment in view of the Materia Police Court judgment and the applicant having no criminal history, granting bail with personal bonds and sureties

What did the court decide?

The applicant Satyapal is released on bail in FIR/Case Crime No.229 of 2024 under Sections 323, 306 IPC on furnishing personal bonds and two sureties of Rs.20,000 each.

Satyapal Vs State of U.P. Thru. Addl. Chief… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67988

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10554 of 2024

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Applicant :- Satyapal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Nalin Arora,Anubhav Singh,Shivam Pandey,Vrishank Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard Shri Nalin Arora, learned counsel for the applicant, Shri D.P.Dutt Dwivedi, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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Learned counsel for the applicant argued that the co accused Ram Lakhan was enlarged on bail vide order dated 5.9.2024 passed by this Court in Crl. Misc. Bail Application No.9473 of 2024. The applicant is the husband of the deceased.

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Learned counsel for the applicant argued that as per the post mortem report the death has occurred on account of ante mortem hanging. It is further submitted that even if the allegations in the F.I.R. are treated to be gospel truth, the allegations under Section 306 I.P.C are not made out as there is no case of abetment as defined under Section 107 I.P.C. In this regard, learned counsel for the applicant places reliance on the judgement of Hon'ble Supreme Court passed in the case of Mariano Anto Bruno and another Vs. Inspector of Police : 2022 SCC Online SC 1387. The applicant who is in custody since 2.6.2024 having no criminal history, may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the suicide note and the post mortem report of the deceased which demonstrate that the death occurred on account of ante mortem hanging; the law as has been laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and another(supra) and there are as many as six injuries but prima facie there is no material to suggest the allegations of abetment against the applicant so as to connect him with the offence of abetment defined under Section 107 I.P.C. coupled with the fact that the applicant is in jail since 2.6.2024 having no criminal history and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Satyapal be released on bail in FIR/ Case Crime No.229 of 2024, under Sections 323, 306 I.P.C., Police Station Sandana, District Sitapur on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 ofÏcer or tamper with the evidence.

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Order Date :- 1.10.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Satyapal v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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Satyapal v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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