Allowed

Raju Alias Ambrish Kumar v. State of U.P. and Another

Allahabad HC16 Dec 2024NABAIL/12006/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in a Case Crime registered under Sections 108, 115(2), 351(2) BNS for alleged abetment of suicide. Court considered arguments and relied on Sushila Aggarwal judgment to enlarge the applicant on anticipatory bail till conclusion of trial with conditions.

What did the court decide?

Applicant released on anticipatory bail till conclusion of trial on furnishing personal bond and two sureties each in the like amount, subject to stated conditions.

Raju Alias Ambrish Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:197813

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Court No. - 65

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12006 of 2024

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Applicant :- Raju Alias Ambrish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 400 of 2024, registered under Sections 108, 115(2), 351(2) B.N.S. at Police StationBhogaon, District- Mainpuri with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, the applicant and co-accused person are stated to have assaulted the deceased person and had even snatched his mobile phone. Peeved by the said act, he is stated to have committed suicide in the night of 27/28.09.2024.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present and he has nothing to do with the said offence. The FIR is delayed by ten days and there is no explanation of the said delay caused. It is further stated that the information of suicide of her brother was given by the informant on 28.09.2024 itself and the inquest proceedings were undertaken the same day.

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Learned counsel for the applicant has further argued that the informant is the panch witness no.5 in the said inquest proceeding and she has not allayed any allegation against the applicant or any other person on 28.09.2024 or any day before 08.10.2024. It is a clear cut case of false implication. It is next stated that no overt act has been assigned to the applicant of having abeted the deceased person to commit suicide. The ingredients of Section 108 B.N.S.

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are also not fulfilled.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that there is abrasion on the wrist of the deceased person and also the fact that there is a suicide note on which the name of the applicant is mentioned. Although, he could dispute the fact that no overt act has been assigned to the applicant of having abeted the deceased person to commit suicide.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Supreme Court.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Raju Alias Ambrish Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii). that 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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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 17.12.2024 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Raju Alias Ambrish Kumar v. State of U.P. and Another

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Raju Alias Ambrish Kumar v. State of U.P. and Another

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