Avinash @ Mintu vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

The captioned criminal appeal has been filed challenging therein, the judgment and order dated 05.06.2025 passed by the learned Additional District Sessions Judge, FTC 3^rd , Raebareli in Sessions Trial No. 66 of 2024, State Vs. Avinash @ Mintu & Others, arising out of Case Crime No. 224 of 2022 registered under Sections 306 & 506 I.P.C. in Police Station - Bhadokhar, District - Raebareli, whereby, the appellant had been convicted for the offences punishable under Sections 306 and 506 I.P.C. and had been sentenced for rigorous imprisonment of seven years.

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It has been contended on behalf of the appellant-applicant that the trial court had convicted him on the ground that some incriminating material was put by him in the WhatsApp status in his mobile phone but nowhere before the trial court it has come, as to actually what were the contents of that WhatsApp status. It has further been contended that though the father of the deceased before the trial court has stated that he had provided a suicide note to the Investigating Officer and he deliberately has not made it part of the Case Diary but nowhere it has come on record, as to what were the actual contents of the said suicide note and further, whether in the

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CRLA No. 1958 of 2025

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said suicide note, appellant was made responsible for the suicide in question.

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Learned counsel appearing for the appellant has argued that it is well settled proposition of law through catena of judgments of the Hon'ble Supreme Court that in respect of the charge of abetment of suicide punishable under Section 306 I.P.C., there must be some affirmative action on the part of the accused which left no option to deceased except to commit suicide. It has further been argued that in the present case there is no evidence before the trial court, as to what were the contents of the WhatsApp status of the appellant and further, whether in the alleged suicide note provided by the father to the Investigating Officer, in any manner, appellant was made responsible. It is also submitted that the appellant is in judicial custody since 05.05.2022.

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Learned Additional Government Advocate appearing for the State has vehemently opposed this bail application.

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I have considered the arguments of the learned counsels appearing for the parties and I find that the trial court had held the appellant guilty of abetment to suicide for the reason that he had put certain incriminating material on his WhatsApp status but there is no evidence before the trial court, as to what were the contents of that WhatsApp status. I further find that though father of the deceased, in his evidence before the trial court, had stated that he has provided suicide note to the Investigating Officer and he deliberately did not make it the part of the Case Diary but nowhere, he has stated that what were the contents of that suicide note. I further find that the sentence awarded to the appellant is rigorous imprisonment for seven years and he is in judicial custody since 05.05.2022. I also find that final disposal of this criminal appeal by this Court is likely to take sometime.

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Keeping in view the overall facts and circumstances of the case, this Court is of the view that appellant is entitled to be enlarged on bail.

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Accordingly, trial court / competent court is hereby directed to enlarge the appellant, Avinash @ Mintu , on bail on his furnishing a

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CRLA No. 1958 of 2025

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personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The fine, imposed by the trial court, shall be deposited by the applicant/appellant within a period of one month from his actual release from prison, if the same is not earlier deposited.

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(ii) The applicant/appellant shall cooperate in the early disposal of appeal without seeking unnecessary adjournment.

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(iii) The applicant/appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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