The Allahabad High Court has granted conditional bail to a man accused of abetment to suicide.
A single-judge bench of Justice Om Prakash-VII passed this order while hearing a Criminal Misc Bail Application filed by Hemant @ Deji.
It is submitted by the counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He has not committed the offence. No prima facie case is made out for the offence under Section 306 IPC.
In this matter, offense is said to have been committed on May 25, 2020 whereas FIR was lodged on June 6, 2020. No plausible explanation has been given regarding the delay in lodging the FIR.
It is further submitted that at the time of inquest proceedings, an informant was present but no complaint was made nor FIR was lodged immediately after the incident. This fact itself shows that FIR was lodged on the basis of false facts.
It is also submitted that although applicant and deceased both were in love and affairs. Family members of the deceased were pressuring the girl and due to this reason, she consumed poisonous substances. None of the ingredients of the offense under Section 306 IPC is available against the applicant.
Counsel for the applicant said that he is languishing in jail since June 9, 2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, AGA opposed the prayer for bail and argued that applicant instigated the deceased to commit suicide and due to this reason, she consumed poisonous substance and committed suicide. The applicant has prepared the fake Facebook ID of the victim and he used to harass the girl. All the ingredients of the offense under Section 306 IPC are clearly attracted to the matter.
“Considering the entire facts and circumstances of the case, submissions of counsel for the parties and keeping in view the nature of offense, complicity of accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 CrPC 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 Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Hemant @ Deji involved in Case under Sections 452, 354, 504, 506, 306 IPC, P.S Garautha, District – Jhansi be released on bail on furnishing a personal bond and two heavy 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 are verified.
- The applicant will not tamper with the evidence during the trial.
- The applicant will not pressurize/ intimidate the prosecution witness.
- The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
- The applicant shall not commit an offense similar to the offense of which he is accused, or suspected, of the commission of which he is suspected.
- 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 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 this Court.