Allowed

Dayashankar Yadav v. State of Up and Another

Allahabad HC15 Jul 2024ABAIL/6822/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application under S. 438 Cr.P.C. filed by a father accused of abetting his son's failure to prevent the daughter-in-law's suicide. The accused surrendered cooperation undertakings and lack of prior criminal record were noted.

What did the court decide?

Granted anticipatory bail till the conclusion of the trial subject to furnishing a personal bond and two sureties and conditions regarding attendance and non-absconding.

Dayashankar Yadav vs State of Up and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126324

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Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6822 of 2024 Applicant :- Dayashankar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is taken up in the revised call.

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By means of this anticipatory bail application the applicant has prayed to be enlarged on anticipatory bail in Case Crime No. 44 of 2023 under Sections 306 I.P.C., Police Station-Raksa, District-Jhansi.

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The bail application of the applicant was rejected by the learned trial court on 07.05.2024.

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The following arguments made by Shri Ronak Chaturvedi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is the father of the principal offender Kunwar.

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The deceased was intimate with the son of the applicant Kunwar. The relationship of the couple could not materialize.

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The deceased was a sensitive lady who became

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depressed on account of the break up of the said relationship.

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On the fateful day, the deceased succumbed to depression and took the extreme step of ending her life. She committed suicide by jumping into the river.

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Postmortem report opines that the cause of death is asphyxia due to antemortem drowning.

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The postmortem report does not depict any antemortem injury to the person of the deceased.

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The applicant did not aid or abet the suicide.

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The applicant was enlarged on anticipatory bail till the submission of chargesheet.

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The applicant is a law abiding citizen who had cooperated with the investigations. Coercive measures were taken out against him while he was pursuing his remedy before the trial court of obtaining anticipatory bail.

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The applicant undertakes that he shall not abscond and will fully cooperate in the investigations and the trial. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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The applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for

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the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.

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Let the applicant- Dayashankar Yadav is granted anticipatory bail till the conclusion of the trial in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall attend the Court proceedings as and when required.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.

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Order Date :- 5.8.2024 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Dayashankar Yadav v. State of Up and Another

Case brief

What is this about?

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Dayashankar Yadav v. State of Up and Another

Case brief

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