Single judge allowed bail to the appellant against charges of abetment of suicide under Section 108 BN.S. 2023, citing delay in FIR lodging and the applicant's undertaking to cooperate with the trial.
The applicant is to be released on bail on personal bond and two sureties conditioned to attend trial proceedings.
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Neutral Citation No. - 2024:AHC-LKO:71338
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11014 of 2024
Applicant :- Shivam Rawat Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Km.Rachna Mishra,Anil Kumar Verma,Mohammad Sohail Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
aforesaid section (erstwhile Section 306 I.P.C.) the Apex Court in various cases has held that insult of deceased by using abusive language will not, by itself, constitute abetment of suicide, as there should be evidence capable of suggesting that the accused intended by such act to instigate deceased to commit suicide. In other cases, the Apex Court has held that in a case of abetment to suicide and cruelty, there is need to establish conduct of the accused, which drove deceased to commit suicide. Therefore, learned counsel for the applicant has stated that in the absence of the aforesaid ingredients, prima facie, the present applicant may not be implicated under Section 108 of B.N.S., 2023. The present applicant has no previous criminal history.
(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.
(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.
(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, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(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.
(Rajesh Singh Chauhan,J.)
Order Date :- 23.10.2024 ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is a fit case for bail in a case involving Section 108 BN.S. 2023.
Whether the inordinate delay in lodging the FIR and the judge's findings preclude entering into the merits.
Shivam Rawat
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
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