Neutral Citation No. - 2025:AHC:105932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6795 of 2024 Applicant :- Ravi Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta,Jayant Prakash Singh,Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State and perused the record. 2. The instant bail application under Section 439 Cr.P.C. at the instance of the applicant Ravi Shankar S/o Gan Singh has been filed seeking enlargement on bail in Case Crime No. 359 of 2023, under Section 306 IPC, P.S. Asmauli, District Sambhal, during the pendency of the trial before the court below. The bail application of the applicant before the court below was rejected by the learned Sessions Judge, Sambhal at Chandausi, vide order dated 20.12.2023 and the applicant has been languishing in jail since 05.12.2023. 3. Learned counsel for the applicant has argued that the applicant is entirely innocent and has been falsely implicated in this very case crime number for ulterior motive. The wife of the applicant namely Shiksha is stated to have committed suicide on 03.12.2023 in the absence of the family members. The applicant or his family members have no role to play in the suicide committed by the wife of the applicant. The applicant has 3 children from the wedlock with the deceased and none of the children have raised any allegation against the applicant. The post mortem of the deceased was conducted on the same day and ligature marks were found present around the neck and no external injury was found over the body of the deceased and cause of death has been shown as Asphyxia as a result of ante mortem hanging. 4. Learned counsel for the applicant has argued that the deceased was a patent of Gathiya (Knee) and her treatment was going on. The deceased complained of unbearable pain. Learned counsel has further argued that the investigating officer has not recorded the statement of children of the deceased. There are no ingredients of abatement of suicide against the applicant. It is further submitted that charge sheet against the applicant has been filed on 26.01.2024 under Section 306 IPC and the custodial interrogation is no longer required. It is also submitted that the applicant shall fully cooperate with the trial and shall not misuse the liberty of bail if granted by this Court. Hence prayer for bail has been made. 5. Per contra, Sri Ajai Kumar Singh, learned AGA has vehemently opposed the bail plea by submitting that the applicant has been accused of torturing the deceased and considering his conduct does not deserve to be released on bail, however he could not dispute the fact that the deceased was a chronic patient of Gathiya (Knee). 6. Having heard the learned counsel for the parties and having perused the record, I find that the allegation of torturing the deceased leveled upon the applicant stands belied from the perusal of the post mortem report which discloses no internal injuries over the body of the deceased. There is no evidence on record to connect the applicant with abetting the suicide. The Apex Court in the case of Gangula Mohan Reddy vs. State of Andhra Pradesh reported in (2010) (1) SCC 750 while interpreting Section 306 IPC held that abatement involves a mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused to instigate or aid in committing suicide, there cannot be any conviction. It was further held that to attract Section 306 IPC there has to be a clear mens rea to commit the offence. The above proposition has been reiterated in various subsequent decisions of the Apex Court. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Ravi Shankar involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 2.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad