Point of Law: Abatement of Suicide - Rejection of bail - Each case has to be decided on the basis of its own facts and circumstances. If the accused kept on irritating or annoying the deceased by words, deeds or conduct, which may provoke, urge or encourage the deceased to commit suicide is an abetment.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. By means of this application, applicant Sayara Uruuz alias Afsana, who is involved in Case Crime No. 385 of 2020, under section 306 IPC, police station Chamanganj, district Kanpur Nagar, seeks enlargement on bail during the pendency of trial.

2. Heard Mr. Rajeev Kumar Mishra, learned counsel for the applicant, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Rajmani Yadav and Mr. Prashant Kumar Singh, learned brief holders, representing the State of U.P. and perused the record as well as case diary of the case, produced by the learned A.G.A.

Brief facts:

3. In short compass the facts of the case as unfolded by the prosecution are that Sameer Ahmad, who is the son of deceased Shakeel Ahmad moved a written application to the Station House Officer, police station Chamanganj, Kanpur Nagar mentioning therein that her mother has telephonically informed him that on 23.12.2020 at 6.30 a.m. his father Shakeel Ahmad had committed suicide by hanging in the flat, which was entered in G.D. No. 22 dated 23.12.2020 at 8:21 O'clock in the police station. On receiving the aforesaid information, Sub-Inspector-Tanveer Ahmad along with other police personnel reached at the spot, and after preparing inquest report at the spot and taking the opinion of witnesses of inquest, the body of the deceased was sent for post-mortem examination. Thereafter, on the basis of contents of suicide note, which was recovered from the possession of the deceased at the time of conducting inquest proceeding, first information report dated 24.12.2020 has been lodged at 20:52 O'clock by the informant-Tanveer Ahmad, S.I. against the wife of the deceased, namely, Sayara Uruuz alias Afsana (applicant) and one Rajnish Sethi for the alleged commission of abetment of suicide.

Submissions on behalf of accused/applicant:

4. It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that the alleged suicide note is a fabricated document and the same has not been sent for forensic test, hence the same is irrelevant material and cannot be treated as evidence against the applicant. It is also submitted that there is no corroborative evidence to support the contents of alleged suicide note. The alleged act of the applicant cannot be said to be of such nature, which led the deceased to commit suicide seeing no option left. Much emphasis has been given by contending that the deceased instead of committing suicide had an option to give “talaq” to his wife (applicant). No case for abetment or instigation of suicide is made out against the applicant. The applicant has no criminal antecedent to her credit and is facing detention since 05.02.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.

Submissions on behalf of State/opposite party:

5. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that deceased was the second husband of the applicant. One Israr Beg, was the first husband of the applicant. Applicant had two children, namely, Ashi and Danish from the wedlock of her first husband (Israr Beg), but on account of her bad habits and illicit relation with other persons, her first husband had given divorce (talaq) to her. Thereafter, she performed her second marriage with the deceased on 19.01.1989, which was their love marriage and from the wedlock of the deceased, she has one son, namely, Samir Ahmad. It is next submitted that at the time of conducting inquest proceeding, a mobile phone and suicide note of seven pages, which was kept in sealed envelop were recovered from the possession of the applicant, which was opened in the presence of higher officers, in which deceased alleged inter-alia that