Allowed

Onkar Gupta and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC26 Apr 2024/665/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench granted anticipatory bail to three applicants facing charges under Sections 504, 506, and 306 IPC regarding the suicide of a deceased individual. The court found no material linking the applicants to the death, noting the lack of a forensic suicide note and presence of a gap between alleged incident and death.

What did the court decide?

Anticipatory bail granted to Onkar Gupta, Meera Gupta, and Shanti Devi on furnishing personal bond with two reliable sureties each.

Onkar Gupta and 2 Others Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32854

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 665 of 2024

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Applicant :- Onkar Gupta And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Misra,Janardan Singh

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Counsel for Opposite Party :- G.A.,Janardan Singh

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicants and Janardan Singh, learned counsel appearing for the complainant as well as learned A.G.A. for the State.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.431 of 2023, under Sections 504, 506,306 IPC, relating to police station Tarab Ganj District Gonda.

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The submission of the learned counsel for the applicants is that the applicants have been framed to only unnecessary pressure. It is submitted that the applicant no.2, namely, Meera Gupta was married to the deceased. Since she was not provided proper treatment in her matrimonial home. She initially lodged an FIR against her inlaws on 24.08.2023 which was registered as Case Crime No.318 of 2023. There after certain conciliatory talks were held in context whereas the situation was deescalated and the parties entered in a settlement.

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It is urged that in so far as honoring the settlement is concerned, that was not done rather the FIR has been lodged against the applicants alleging that on 17.11.2023, the deceased alongwith his cousin brother had come to the residence of the applicants in order to take back his wife. The applicants misbehaved with the deceased abused him and it is alleged that the

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applicant no.2 rebuked the deceased that he should not come back again. In the aforesaid backdrop, the deceased was hugely heart broken and it was in the intervening night of 19/20.11.2023 that the deceased committed suicide.

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The submission of the learned counsel for the applicants is that there is nothing to link the applicants to the alleged crime even on the face value if the averments are taken to be correct even then the instance that the deceased had come to the residence of the applicants is dated 17.11.2023 whereas the date of death is 19/20.11.2023. There is no conversation or material to implicate that during this period any overt act was done by the applicants which could have compelled the deceased to take the extreme step. In absence of this particular material, apparently no case can be made out and the applicants who otherwise do not have any other criminal history and that they have roots in the society nor they are at flight risk considering the age of the applicants no.1 and 3, in the aforesaid circumstances, the applicants be granted the benefit of anticipatory bail. .

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Learned AGA as well as counsel for the complainant has opposed the bail application and submitted that there has been a clear indication in the FIR that the deceased had gone to his in-laws place on 17.11.2023 where he was rebuked and severely reprimanded which led the deceased to take the extreme step. It is also urged that there is a suicide note found from the person of the deceased wherein he had stated only on account of the behaviour of his in-laws he is taking to extreme steps, in such circumstances the anticipatory bail may be dismissed.

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Having heard the learned counsel for the parties as well as from the perusal of the record despite time being granted to the State yet the counter has not been filed and the complainant has filed his counter-afÏdavit, however, the alleged suicide note has not been brought on record. It has also not been indicated whether the alleged suicide note has been sent for forensic

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examination. The said suicide note even if at all considered as per the submissions of the learned A.G.A. it merely refers to a general statement without naming any particular person that they were responsible. There is nothing which could be pointed out that during 17.11.2023 till the intervening night of 19/20.11.2023 there was any conversation or act which was done by the applicants which could have compelled the deceased to take the extreme step. In the aforesaid facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicants including that they have no criminal history and no apprehensions have been expressed that the applicants are at flight risk, hence, this Court is of the opinion that the applicants can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicants Onkar Gupta, Meera Gupta and Shanti Devi involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-

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(a) that the applicants shall make themself available for interrogation by the police ofÏcer as and when required;

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(b) that the applicants 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 them from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence;

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(d) that the applicants shall not pressurize/ intimidate the prosecution witness;

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(e) that the applicants shall appear before the trial

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court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 26.4.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Onkar Gupta and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Onkar Gupta and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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