Allowed

Adarsh Kumar @ Tiger v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Allahabad HC1 Jul 2024/6978/2024

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application allowed. The court held that alleged humiliation and threats of going viral do not amount to abetment under IPC Section 107, following Mariano Anto Bruno. The applicant is released on bail with personal bond and two sureties.

What did the court decide?

Applicant released on bail on personal bond with two sureties of Rs. 20,000/- each under specified conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:44551

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6978 of 2024

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Applicant :- Adarsh Kumar @ Tiger Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Desh Raj Singh Yadav,Sharad Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.137 of 2024, under Section 306 IPC, P.S. Sarojini Nagar, District Lucknow.

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3. In terms of the FIR it was alleged that the sister of the informant had committed suicide and on investigation, it was revealed that she had committed suicide on account of humiliation and threats issued by the applicant of making some inappropriate video viral. The applicant is being tried for an offence under Section 306 IPC.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the entire case is premised on the commission of suicide on account of alleged humiliation and threats of marking the video viral, the same would not constitute 'abetment' as defined under Section 107 of the IPC. As such, considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387, the applicant who is in custody since 10.04.2024 and has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Adarsh Kumar @ Tiger be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (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 officer or tamper with the evidence.

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Order Date :- 1.7.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Adarsh Kumar @ Tiger v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

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Adarsh Kumar @ Tiger v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

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