Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8684 of 2021 Applicant :- Anand Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Anand Prakash, seeking anticipatory bail in Case Crime No. 125 of 2018, under Section - 306 I.P.C., Police Station - Shivpur, District - Varanasi, during pendency of trial.
3. Learned counsel for the applicant submits that the applicant has been wrongly implicated on allegation of abetment to suicide. The suicide note does not specify or give detail of any incident or nature of harassment that may have been caused by the applicant as may have provoked the deceased to commit suicide. It is therefore submitted that there are no ingredients of abetment to suicide. He relies on the order of the Division Bench that had initially granted stay of arrest at the stage of FIR being challenged.
4. Having heard learned counsel for the applicant and having perused the record, no conclusion of fact is required to be drawn at this preliminary stage. Perusal of the suicide note leaves no doubt that the deceased had named the applicant as cause of his death.
5. All other things may remain to be examined in the context of case diary material even for the purposes of grant of bail.
6. At present, chargesheet has been submitted and therefore interim protection granted by the Division Bench has come to an end. The observations made in the order dated 29.11.2018 by the Division Bench while disposing of the Criminal Misc. Writ Petition No. 34367 of 2018 were tentative. Neither any conclusion of fact was drawn by this Court nor has been attempted to be drawn by that Court.
7. In the entirety of the facts, there is no case made out to exercise discretion at this preliminary stage.
8. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to seek regular bail, which application when filed may be considered on its own merit upon consideration of case diary material as may be existing. It is further expected, the regular bail application when filed may be dealt with as expeditiously as possible, strictly in accordance with law.
Order Date :- 7.4.2021 Abhilash