Partly allowed

Sushila v. State of U.P. and Another

Allahabad HC12 Nov 2024ABAIL/10954/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a murder/abetment to suicide case until the submission of the police report, given the absence of initial ingredients for the offence. Bail was granted subject to personal bond and standard conditions.

What did the court decide?

Applicant enlarged on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000 with two sureties.

Sushila vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176864

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10954 of 2024

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Applicant :- Sushila Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 32 of 2024, under Section 306 I.P.C., Police Station Ushait, District Budaun.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the wife of the deceased. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Amalendu Pal vs. State of West Bengal arising out of Criminal Appeal No. 2091 of 2009 decided on 11.11.2009. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that as per the allegations in the first information report, the necessary ingredients to

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constitute the offence under Section 306 I.P.C. are not made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Sushila be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make herself available for interrogation by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 12.11.2024 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Sushila v. State of U.P. and Another

Case brief

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Sushila v. State of U.P. and Another

Case brief

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