Saturday, September 23, 2023

Allahabad High Court grants anticipatory bail to man accused of abetment to suicide

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The Allahabad High Court has granted the anticipatory bail to husband accused of abetment to suicide.

A Single Bench of Justice Raj Beer Singh passed this order while hearing a Criminal Misc anticipatory bail application filed by Anuj Bansal.

The application has been moved seeking anticipatory bail in Case under Sections 306, 323, 504 IPC, Police Station Jahangirabad, District Bulandshahr with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the counsel for the applicant that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him.

It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. Applicant is husband of deceased and their marriage has taken place about ten years prior to the incident and out of the wed-lock, applicant and deceased have three children and during that period of ten years, no complaint was made regarding any harassment of deceased.

The deceased has committed suicide on 14.02.2021 and as per postmortem report, the cause of death has been shown asphyxia due to hanging. The allegations that applicants often used to consume liquor and harass the deceased are thoroughly false.

During investigation, applicant was granted anticipatory bail vide order dated 24.03.2021 till the filing of report under Section 173(2) CrPC and he has never misused the liberty of interim anticipatory bail and after that charge- sheet has already been submitted against the applicant. It was submitted that the applicant has responsibility for the maintenance of three minor children. The applicant undertakes to co-operate during trial and he would appear as and when required by the Court.

It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the trial and would obey all conditions of bail.

Additional Government Advocate has opposed the application for anticipatory bail.

“It may be stated that in case of Siddharam Satlingappa Mhetre v State of Maharashtra, (2011) 1 SCC 694, it has been held by the Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration”, the Court noted.

“In the case, considering the settled principle of law regarding anticipatory bail, submissions of the counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out”, the Court observed while allowing the anticipatory bail application.

The Court ordered that,

In the event of arrest of the applicant- Anuj Bansal involved in the aforesaid case crime shall be released on anticipatory bail on his furnishing a personal bond of Rs 80,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/court concerned with the following conditions :-

  1. The applicant shall not tamper with the evidence during the trial.

2.The applicant shall not pressurize/ intimidate the prosecution witness.

3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

  1. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
  2. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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