Allowed

Rahul Mishra @ Lalu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Allahabad HC8 Apr 2024BAIL/2617/2024

Case brief

AI extract

What is this about?

Court granted bail to applicant accused of abetment to suicide. Held no material suggested abetment per Mariano Anto Bruno applied. No criminal history. Bond and sureties fixed.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties of Rs.20,000 each with conditions to attend hearings and not tamper with evidence.

Rahul Mishra @ Lalu vs State of U.P. Thru. Addl… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29055

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2617 of 2024

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Applicant :- Rahul Mishra @ Lalu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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Counsel for Applicant :- Vivek Kumar Verma,Shalini Gupta Counsel for Opposite Party :- G.A.,Neelu Singh Chauhan

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Hon'ble Pankaj Bhatia,J.

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

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The accused-applicant seeks bail in Case Crime No.363 of 2022, under section 306 of I.P.C., Police Station-Talgaon, Ditrict-Sitapur.

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In terms of the F.I.R, it was alleged that the husband of the informant has committed suicide and subsequently based upon the suicide note, it was revealed that the persons named in the F.I.R. were involved in the offence under section 306 of I.P.C. Suicide note is on record, wherein it was stated that the persons named in the said note had taken an amount of Rs.2,30,000/and motorcycle was kept in lien thereof and because of the harassment placed by the said persons, the deceased had committed suicide. According to the applicant, the said suicide note would not constitute abetment, as such the applicant may be enlarged on bail as he is in custody since 06.01.2024 and has no criminal history.

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Considering the submissions made at the bar including the objection of the A.G.A., prima facie from the plain reading of the suicide note as well as the allegations made in the F.I.R., there is no material to suggest abetment as defined under section 107 of I.P.C. and taking into account the law as explained by Hon'ble Supreme Court in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 coupled with the fact that the applicant is in custody since 06.01.2024 and has no criminal antecedents, I am of the view that the applicant is entitled to be enlarged on bail.

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Let the applicant, Rahul Mishra @ Lalu , be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Rs. Twenty Thousand) each of the like amount to

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the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(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 :- 8.4.2024 akhilesh/-

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Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rahul Mishra @ Lalu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

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Rahul Mishra @ Lalu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

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