Allowed

Brijesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Allahabad HC3 Jul 2024/1840/2024

Case brief

AI extract

What is this about?

The High Court bench allowed a bail application filed by Brijesh Kumar. The court held that although the applicant was accused of abetment of suicide leading to the informant's daughter's death, the prosecution failed to prima facie establish abetment under Section 107 IPC based on the suicide note and post-mortem report. The applicant was granted bail with personal bonds and sureties.

What did the court decide?

The applicant Brijesh Kumar is released on bail in FIR/Case Crime No.596 of 2023 on furnishing personal bonds and two sureties of Rs.20,000/- each.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:45240

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1840 of 2024

¶4

Applicant :- Brijesh Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Dr. Ajai Pratap Singh Chauhan,Kunwar Samitinjay Singh

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Pankaj Bhatia,J.

¶7

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶8

In terms of the F.I.R., it was alleged that the daughter of the informant was harassed by the applicant as her photos were made viral and on account of the said humiliation, the deceased committed suicide. A suicide note was allegedly recovered which is on record at page 4 of the afÏdavit wherein it was mentioned that on account of the inappropriate photos being made viral, the victim was facing humiliation and as such the deceased committed suicide.

¶9

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 12.10.2023 having no criminal history, may be enlarged on bail.

¶10

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

¶11

Considering the suicide note and the post mortem report of the deceased which demonstrate that the death occurred on account of ante

¶12

mortem hanging and the law as has been laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and another(supra), 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 12.10.2023 and the having no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶13

Accordingly, the bail application is allowed.

¶14

Let the applicant Brijesh Kumar be released on bail in FIR/ Case Crime No.596 of 2023, under Sections 306, 506 I.P.C., Police Station Maholi, 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 :-

¶15

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

¶16

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

¶17

(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.

¶18

Order Date :- 3.7.2024

¶19

Shukla

¶20

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

Brijesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Brijesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rakesh Kumar @ Kallu Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Radheshyam @ Kariya Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Vikas Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Jitendra Yadav @ Monu Vs State of U.P. Thru. Prin. Secy. Home and Others

Sunil Kumar Vs State of U.P. Thru. Addl. Chief Secy. Home Lucknow

Niranjan @ Niranjan Thakur Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others