Sunday, February 5, 2023

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

A first information report was lodged against the applicant as Case at Police Station- Khair, District Aligarh under Section 302, 342 IPC.

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The Allahabad High Court has granted conditional bail to Dinesh, who is accused of abetment to suicide.

A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Dinesh.

An FIR was lodged against the applicant as Case at Police Station- Khair, District Aligarh under Section 302, 342 IPC.

The bail application of the applicant was rejected by Sessions Judge, Aligarh, on November 29, 2021.

The applicant is in jail since July 7, 2021, pursuant to the said FIR.

Daya Shanker Mishra, Senior Counsel for the applicant, contended that the applicant has been falsely implicated in the case. The applicant did not abet the suicide nor did he instigate the deceased Kanhaiya @ Kanha to commit suicide. The applicant was implicated by the wife of the deceased only to get the entire ancestral property in her name. Apart from the case, the applicant does not have any criminal history.

Lastly, it is submitted by counsel for the applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

Anupam Anand, brief holder for the State, could not satisfactorily dispute the aforesaid submissions from the record. The brief holder does not contest that the applicant does not have any criminal history as disclosed in the bail application.

The Court has taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons, the Court noted.

“I see merit in the submissions of the counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail,” the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant Dinesh be released on bail in Case at Police Station- Khair, District Aligarh under Section 306 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i)The applicant will not tamper with the evidence during the trial.

(ii)The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.

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