Smt. Suman v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43918 of 2023 Applicant :- Smt. Suman Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. The instant bail application has been filed on behalf of the applicant, Smt. Suman, with a prayer to release him on bail in Case Crime No. 653 of 2023, under Sections 306,506 IPC Police Station Majhola, District-Moradabad, during pendency of trial. There is allegation against the applicant that she alongwith her daughter,Nimmi and son Himanshu, had quarrelled with husband of the informant.Earlier also complaint was against.They also threatened entire family of life due to which her husband was not coming to his house since last one week.When on the occasion of Raksha Bandhan informants' husband came back, then the applicant with her son and daughter came to informant's house and mentally tortured her husband and because of this informant's husband committed suicide.Learned counsel for the applicant has submitted that ingredients of constituting offence under section 306 I.P.C. are not made out against the applicant.He has relied upon the judgment of Apex Court in the case of Mariano Anto Bruno Vs. Inspector of Police, 2022 0 AIR (SC)4994,and submitted that in order to convict an accused under section 306 I.P.C. the state of mind to commit a particular crime must be visible with regard to determining the culpability. In the case of suicide, mere allegation of harassment of the deceased by another person would no sufÏce unless there is such an action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Applicant has been falsely implicated in this case.She is women.Deceased committed suicide for the reason best known to him. Applicant is aged about 45 years and her children are to be looked after. She is in jail since 2.9.2023 and has no criminal history. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed Let the applicant be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶4That 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 ofÏcer;

¶5The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶6The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.10.2023 Atul kr. sri. High Court of Judicature at Allahabad