The Allahabad High Court has granted the conditional bail to the accused father-in-law and brother-in-law in the case of son-in-law’s death in Sambhal district.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Khursheed.
The bail application has been filed on behalf of the applicant in Case under Sections 504 and 306 I.P.C, Police Station- Sambhal, District Sambhal with the prayer to enlarge him on bail.
As per allegation, the younger brother of the first informant solemnized marriage with Zaneb before six months and Zaneb and her family members (in-laws of the deceased) were pressuring the deceased to live separately.
It is further alleged that on 25.10.2023 there was a dispute between the Zaneb and the deceased. Zaneb called her parents as soon as they came and started abusing the deceased and said to die.
It is further alleged that under this instigation, the deceased consumed poison at around 7:30 pm on the same day of incident and the deceased died on 28.10.2023 during treatment.
The contention of counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case. The applicant is the father-in-law of the deceased. The applicant has no concern with the alleged incident.
It is further contended that mere uttering the words “go and die” will not constitute an offence under Section 306 of IPC. Even if we accept the prosecution story that the accused did tell the deceased to “go and die” that itself does not constitute the ingredients of “instigation”. The word “instigate” denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or on the spur of the moment cannot be taken to be uttered with mens rea.
It is also contended that there is no evidence on record to make out the case under Section 306 IPC.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
He submitted that the applicant is languishing in jail since 29.10.2023 having no criminal history.
A.G.A has opposed the prayer for grant of bail but he has not disputed the above contention made by the counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail, the Court observed.
The Court ordered that,
Let the applicant- Khursheed, who is involved in aforementioned case crime be released on bail on his 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 are verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when 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.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C, may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case. (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The Trial Court may make all possible efforts/endeavours and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.