High Court · 2025

Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0147 of 2020, under Section 306 I.P.C., Police Station Pisawan, District Sitapur. The Co-ordinate Bench of this Court vide order dated 18.11.2024 has passed the following order:- "1. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary, and charge-sheet in this case has been submitted.

2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

3. The present anticipatory bail application has been moved by the accused/applicants- Sarla Devi @ Sarla and Vineet Kumar @ Bineet for grant of anticipatory bail in F.I.R./Case Crime No.0147 of 2020, under Section 306 I.P.C., Police Station Pisawan, District Sitapur, with the prayer to enlarge them on anticipatory bail as they are apprehending arrest in the above-mentioned case.

4. Learned counsel for the applicant submits that the applicants are absolutely not having any relation with the suicide committed by the deceased (devar - Sonu) or deceased (bhabhi - Kalindi) as they prior to committing suicide had engaged themselves into a quarrel and thereafter committed suicide and the names of the applicants have been dragged into this case only on account of their relation with both the deceased persons.

5. It is further submitted that to constitute an offence under Section 306 I.P.C., there has to be a direct nexus and relation between the alleged act or omission with the suicide committed by the deceased person, which is completely lacking in this case. It is also submitted that identically placed co-accused persons namely Saroj @ Saroj Kumar and Dhani Ram have been granted anticipatory bail by this Court vide orders dated 16.2.2024 and 18.03.2024 passed in Criminal Misc. Anticipatory Bail Application Nos.291 of 2024 and 560 of 2024.

6. It is also submitted that after lodging of the F.I.R. the applicants had approached this Court and protection from arrest was granted to them by a Division Bench of this Court. The applicants have cooperated in the investigation and now charge-sheet has been filed without collecting any cogent material/evidence against the applicants. The applicants are ready to cooperate in the trial as they have cooperated in the investigation and would remain present before the trial Court as and when their presence would be required before it and would not seek any adjournment when the prosecution witnesses would be in attendance. The applicants are not having any previous criminal antecedents to his credit and there is no apprehension that after being released on anticipatory bail, they may flee from the course of law or may otherwise misuse the liberty.

7. Learned A.G.A., however, opposes the prayer of the applicants for grant of anticipatory bail on the ground that the applicants have committed a heinous offence and, therefore, they are not entitled for any discretion.

8. Having heard learned counsel for the parties and having perused the record, it is evident that the allegations levelled against the applicants are in terms that on the relevant day there was a fight between the devar (deceased- Sonu) and bhabhi (deceased- Kalindi) and after that they both have committed suicide. It is also alleged that some persons from the side of deceased- Kalindi had arrived at the residence of deceased- Sonu and assaulted him and thereafter Sonu had committed suicide. It appears to be an admitted situation that the applicants before this Court- Sarla Devi @ Sarla is the sister-in-law of the deceased Kalindi while applicant - Vineet Kumar @ Bineet is the son of Sarla Devi. It is also not in doubt that the liberty of the applicants were protected by this Court during the course of investigation and they appear to have cooperated in the investigation and now when the charge-sheet in this case has been submitted, why they should be relegated to jail/prison only for the purpose of disposal of their regular bail application.

9. Keeping in view all the facts and circumstances of the case, in the considered opinion of this Court, liberty of the applicants may be protected till the next date of listing subject to the counter affidavit filed by the opposite party no.2 as well as by the State, if they so wish.

10. Issue notice to the opposite party no.2 returnable till the next date of listing.

11. Steps in this regard be taken by learned counsel for the applicants within three working days from today.

12. List this case on 05.12.2024.

13. In the meantime, counter affidavit may be filed by the State as well as by the opposite party no.2.

14. It is provided that till the next date of listing in the event of arrest of the applicants namely Sarla Devi @ Sarla and Vineet Kumar @ Bineet under any process of the trial Court or on their appearance/surrender before the trial Court within 15 days from today i.e. till 03.12.2024, whichever is earlier, they shall be released forthwith on anticipatory bail on their furnishing personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial Court, subject to the following conditions:- (i). The applicant, if not arrested earlier, shall appear before the trial court within 20 days from today i.e. till 06.03.2024 and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make himself/herself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his/her release on anticipatory bail. (iv). The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The 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." Learned counsel for the applicants submits that the applicants have been released on interim anticipatory bail after filing of the personal bonds and two sureties before the trial court. They have duly cooperated in the investigation. Charge-sheet in the case has already been filed. They have no criminal history. They have not misused the liberty of interim anticipatory bail granted by the Court. They undertake to cooperate in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicants have no criminal history, charge-sheet in the case has already been filed, the applicants have not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicants that they will further cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 18.11.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 18.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0147 of 2020, under Section 306 I.P.C., Police Station Pisawan, District Sitapur. The Co-ordinate Bench of this Court vide order dated 18.11.2024 has passed the following order:- "1. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary, and charge-sheet in this case has been submitted.

2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

3. The present anticipatory bail application has been moved by the accused/applicants- Sarla Devi @ Sarla and Vineet Kumar @ Bineet for grant of anticipatory bail in F.I.R./Case Crime No.0147 of 2020, under Section 306 I.P.C., Police Station Pisawan, District Sitapur, with the prayer to enlarge them on anticipatory bail as they are apprehending arrest in the above-mentioned case.

4. Learned counsel for the applicant submits that the applicants are absolutely not having any relation with the suicide committed by the deceased (devar - Sonu) or deceased (bhabhi - Kalindi) as they prior to committing suicide had engaged themselves into a quarrel and thereafter committed suicide and the names of the applicants have been dragged into this case only on account of their relation with both the deceased persons.

5. It is further submitted that to constitute an offence under Section 306 I.P.C., there has to be a direct nexus and relation between the alleged act or omission with the suicide committed by the deceased person, which is completely lacking in this case. It is also submitted that identically placed co-accused persons namely Saroj @ Saroj Kumar and Dhani Ram have been granted anticipatory bail by this Court vide orders dated 16.2.2024 and 18.03.2024 passed in Criminal Misc. Anticipatory Bail Application Nos.291 of 2024 and 560 of 2024.

6. It is also submitted that after lodging of the F.I.R. the applicants had approached this Court and protection from arrest was granted to them by a Division Bench of this Court. The applicants have cooperated in the investigation and now charge-sheet has been filed without collecting any cogent material/evidence against the applicants. The applicants are ready to cooperate in the trial as they have cooperated in the investigation and would remain present before the trial Court as and when their presence would be required before it and would not seek any adjournment when the prosecution witnesses would be in attendance. The applicants are not having any previous criminal antecedents to his credit and there is no apprehension that after being released on anticipatory bail, they may flee from the course of law or may otherwise misuse the liberty.

7. Learned A.G.A., however, opposes the prayer of the applicants for grant of anticipatory bail on the ground that the applicants have committed a heinous offence and, therefore, they are not entitled for any discretion.

8. Having heard learned counsel for the parties and having perused the record, it is evident that the allegations levelled against the applicants are in terms that on the relevant day there was a fight between the devar (deceased- Sonu) and bhabhi (deceased- Kalindi) and after that they both have committed suicide. It is also alleged that some persons from the side of deceased- Kalindi had arrived at the residence of deceased- Sonu and assaulted him and thereafter Sonu had committed suicide. It appears to be an admitted situation that the applicants before this Court- Sarla Devi @ Sarla is the sister-in-law of the deceased Kalindi while applicant - Vineet Kumar @ Bineet is the son of Sarla Devi. It is also not in doubt that the liberty of the applicants were protected by this Court during the course of investigation and they appear to have cooperated in the investigation and now when the charge-sheet in this case has been submitted, why they should be relegated to jail/prison only for the purpose of disposal of their regular bail application.

9. Keeping in view all the facts and circumstances of the case, in the considered opinion of this Court, liberty of the applicants may be protected till the next date of listing subject to the counter affidavit filed by the opposite party no.2 as well as by the State, if they so wish.

10. Issue notice to the opposite party no.2 returnable till the next date of listing.

11. Steps in this regard be taken by learned counsel for the applicants within three working days from today.

12. List this case on 05.12.2024.

13. In the meantime, counter affidavit may be filed by the State as well as by the opposite party no.2.

14. It is provided that till the next date of listing in the event of arrest of the applicants namely Sarla Devi @ Sarla and Vineet Kumar @ Bineet under any process of the trial Court or on their appearance/surrender before the trial Court within 15 days from today i.e. till 03.12.2024, whichever is earlier, they shall be released forthwith on anticipatory bail on their furnishing personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial Court, subject to the following conditions:- (i). The applicant, if not arrested earlier, shall appear before the trial court within 20 days from today i.e. till 06.03.2024 and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make himself/herself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his/her release on anticipatory bail. (iv). The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The 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." Learned counsel for the applicants submits that the applicants have been released on interim anticipatory bail after filing of the personal bonds and two sureties before the trial court. They have duly cooperated in the investigation. Charge-sheet in the case has already been filed. They have no criminal history. They have not misused the liberty of interim anticipatory bail granted by the Court. They undertake to cooperate in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicants have no criminal history, charge-sheet in the case has already been filed, the applicants have not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicants that they will further cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 18.11.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 18.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench