Allowed

Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

Allahabad HC30 May 2024ABAIL/1211/2024

Case brief

AI extract

What is this about?

This court granted interim anticipatory bail to Smt. Laxmi fearing arrest in a case regarding victim suicide. Finding no prima facie evidence of abetment under Section 107 IPC per Mariano Anto Bruno, bail was allowed on a personal bond of Rs.30,000 with standard conditions.

What did the court decide?

Anticipatory bail directed not to be arrested till next hearing on furnishing personal bond of Rs. 30,000 to SHO with conditions.

Smt. Laxmi vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

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Court No. - 12

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1211 of 2024

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Applicant :- Smt. Laxmi

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Lko. And Another Counsel for Applicant :- Ashok Kumar Singh,Vipul Kumar Mishra 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 present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in Case Crime No.128 of 2024 under sections 323, 504, 306 IPC, P.S. Baddupur, District Barabanki.

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3. In terms of the FIR, it was alleged that the applicant used to humiliate the victim who ultimately committed the suicide. The allegations to demand of money were also levelled. The postmortem report on record indicates the cause of death as ante-mortem hanging.

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4. Considering the material on record, prima-facie there is no material to suggest abetment at the instance of the applicant as defined under section 107 IPC as such, considering law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, a clear case for grant of interim bail is made out.

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5. Thus, it is directed that the applicant Smt. Laxmi shall not be arrested till the next date of listing in pursuance of the aforesaid FIR in question, on his furnishing a personal bond of Rs.30,000/- to the satisfaction of Station House Officer concerned with the following conditions:

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(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

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(ii) That the accused-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; and

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(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

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6. Steps be taken to serve the opposite party no.2.

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7. List on 10.07.2024

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Order Date :- 30.5.2024

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VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

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Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

Case brief

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