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2025 DAILYLAW 14603 (ALL)

MUKESH SHARMA v. STATE OF U.P.

NABAIL/1025/2025 · 2025-02-16

Vivek Varma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:22575 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1025 of 2025 Applicant :- Mukesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Aman Kumar Rai,Ashok Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 201 of 2024, under Section 306 I.P.C., Police Station Jagdishpura, District Agra. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report and from the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Jayedeepsinh Pravinsinh Chavda & ors. v. State of Gujarat, S.L.P. (Crl.) No. 7957 of 2024, dated 10.12.2024. The applicant has no criminal antecedents. Further, during the course of investigation, the applicant was granted anticipatory bail by this Court till the submission of police report vide order dated 01.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6181 of 2024. The applicant had co-operated with the investigation, the investigation has been completed, charge sheet has been filed and the applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant is entitled for anticipatory bail till the end of trial. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact, that as per the allegations in the first information report and from the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out, during the course of investigation, the applicant was granted anticipatory bail by this Court till the submission of police report. The applicant had co-operated in the investigation. Charge- sheet has been submitted, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Mukesh Sharma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 17.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad