Allowed

Kranti Mishra v. State of U.P.

Allahabad HC19 Dec 2024ABAIL/11767/2024

Case brief

AI extract

What is this about?

The High Court of Allahabad granted anticipatory bail to the applicant, husband of deceased, in a charge-sheeted case under Section 306 IPC alleging instigation to suicide. The court noted the suicide occurred in parental home and granted bail subject to conditions.

What did the court decide?

Released on anticipatory bail on furnishing a personal bond with two sureties and abiding by standard bail conditions.

Kranti Mishra vs State of U.P. — Allahabad HC (2024) — LawSathi Research

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Court No. - 88

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11767 of 2024

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Applicant :- Kranti Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai,Prakhar Saran Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.725 of 2017, under Section 306 I.P.C., Police Station Shivpur, District Varanasi, till the conclusion of trial.

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It is submitted by the learned counsel for the applicant that in this case the applicant is husband of the deceased who was wedded in the year 2009 and committed suicide in the year 2017 in her parental house. Though there was matrimonial dispute between husband and wife. There is no any incident caused on the part of the applicant to compel her to commit suicide. It is also submitted that the offence under section 306 I.P.C cannot be said to be made out against the applicant. It is also submitted that the F.I.R was lodged in the year 2017 and thereafter the charge sheet was filed which was challenged before this Court in which the proceedings were stayed by this Court and now that application has already been dismissed. Now there is apprehension of arrest against the applicant, therefore, request to release him on anticipatory bail. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the fact that the deceased committed suicide in her parental house and further making no any comment on merit of the case, there appears ground to grant anticipatory bail in favour of the applicant during the pendency of trial.

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The applicant- Kranti Mishra , shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the learned court everyday when case is fixed except exempted;

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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 office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he 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, this order will automatically stand vacated.

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Order Date :- 19.12.2024 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

Kranti Mishra v. State of U.P.

Case brief

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Kranti Mishra v. State of U.P.

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