Partly allowed

Sumer Kumar Agarwal v. State of U.P. Thru. Addl. Chief Secy. Home , Lko. and Another

Allahabad HC23 Sept 2024NABAIL/44/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim anticipatory bail to an 78-year-old landlord applicant facing abetment to suicide charges. The court found prima facie missing ingredients of Section 306 IPC based on the business dispute and relied on Sushila Aggarwal, setting conditions for investigation cooperation.

What did the court decide?

Interim protection granted. If arrested, the applicant shall be released on personal bond and two sureties subject to cooperation in investigation and movement restrictions.

Sumer Kumar Agarwal vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 14

¶2

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 44 of 2024

¶3

Applicant :- Sumer Kumar Agarwal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home , Lko. And Another Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra,Nalin Arora,Rishabh Pandey

¶4

Counsel for Opposite Party :- G.A.,Alina Masoodi,Pawan Kumar Misra,Wali Nawaz Khan

¶5

Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Pawan Kumar Mishra, Advocate along with Ms. Alina Masoodi, Advocate and Shri Wali Nawaz Khan, Advocate on behalf of the complainant is taken on record. Their names shall be printed in the cause list as Counsel for the complainant.

¶6

Heard learned counsel for the applicant, learned A.G.A. for respondent State and learned counsel for the complainant. The present application has been filed by the applicant Sumer Kumar Agarwal seeking anticipatory bail in case crime No.349 of 2024 under sections 306, 323, 342, 504, 506 I.P.C., P.S. Ghazipur, District Lucknow.

¶7

It is alleged in the prosecution case that the complainant's husband committed suicide on 26.3.2024 on account of pressure being mounted on the deceased husband by the named accused and some unknown persons.

¶8

Learned counsel for the applicant submits that admittedly, the relationship between the deceased and the accused persons was a business relationship. The deceased was defaulter. The first information report has been lodged via application under section 156(3) CrPC. It is submitted that in the entire application under section 156(3) CrPC, there is no allegation against the present applicant. Even in the alleged suicide note

¶9

dated 25.3.2024, there is not a single allegation against the applicant. The dispute between the applicant and the coaccused appears to be of landlord and tenant, in which the deceased was admittedly a defaulter.

¶10

Learned counsel for the applicant submits that being the landlord there was no complaint to the deceased from the applicant. He has also written a letter to the applicant, which is on record as Annexure-6 seeking his forgiveness and blessings. Even one day after death, the deceased wrote a complaint to the DGP where no allegation has been made by the deceased against the present applicant. The complainant apart from the complaint made by the deceased has concocted story and made general allegation against the present applicant.

¶11

Learned counsel for the applicant has submitted that coaccused Rahul Agarwal has been granted interim protection by this Court vide order dated 17.9.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.31 of 2024.

¶12

Learned counsel for the complainant has opposed the contention and has submitted that as per the prosecution case in the FIR the applicant had not followed the terms of the compromise entered between him and the deceased and frequently used to put a lock in the shop of the deceased and took money out of drawer and further exerted pressure to take away the machines lying in the shop. Perused the record.

¶13

In the postmortem report cause of death is asphyxia as a result of antemortem hanging. Viscera is preserved and the report is awaited as per the instructions provided by learned A.G.A.

¶14

On due consideration to the fact that the applicant is landlord, aged about 78 years, so also the complaint made by the deceased to the DGP, prima facie ingredients to attract Section 306 IPC read with Section 107 IPC appear to be missing, it

¶15

appears that the deceased may have committed suicide as he was a repeated defaulter, as also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant.

¶16

Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

¶17

In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

¶18

List on 1.10.2024 along with Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 31 of 2024.

¶19

In the meantime, learned A.G.A. shall file objections/counter affidavit.

¶20

Order Date :- 23.9.2024 Madhu

¶21

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Sumer Kumar Agarwal v. State of U.P. Thru. Addl. Chief Secy. Home , Lko. and Another

Case brief

What is this about?

What did the court decide?

Sumer Kumar Agarwal v. State of U.P. Thru. Addl. Chief Secy. Home , Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ravikant Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Nagendra Kumar @ Nagendra Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Anand Kumar @ Sattan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Manglesh Kumar @ Ranjeet Goswami Vs State of U.P. Thru. Prin. Secy. Home Lko

Vashi Ahmad Vs State of U.P. Thru.Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Shivam Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another