IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SURESH KUMAR GUPTA, J.
Siddharth Kappor – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 4040 of 2022
Decided On : 20-07-2022
Criminal Procedure Code, 1973 - section 438 – Indian Penal Code, 1860 – Section 82, 306 - Seeking anticipatory bail - Abetment of suicide - Abetment of a thing A person abets doing of a thing - Whether allegations levelled against appellant in FIR and material collected during course of investigations, would attract any one of ingredients of Section 107 IPC – Held, law is trite on point that if any person has filed any anticipatory bail application before learned court below seeking anticipatory bail showing his reasonable apprehension of arrest in a case where allegations of prosecution prima facie do not corroborate with material available on record and his anticipatory bail application is rejected, he has got a right to approach High Court for such anticipatory bail and if in interregnum period any proclamation u/s 82 and 83 Cr.P.C. is issued, it may be considered as a circumventive exercise being taken by Investigating Officer - No one can be restrained from taking legal recourse strictly in accordance with law and such legal right may not be prevented even if any process is adopted by any authority which is not permissible under law - There is no bar to interfere anticipatory bail application even after issuance of process U/s 82 Cr.P.C - Considering nature of accusation as well as fact that applicant has no criminal antecedent and without expressing any opinion on merits of case, Court of view that in this matter as aforesaid suicide note was written and deceased committed suicide, there is no instant instigation or abetment to commit suicide and, as such, applicant is entitled to be released on anticipatory bail in this case - Application is disposed of.
JUDGMENT :
SURESH KUMAR GUPTA, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Vikrant Rana, learned counsel for the applicant, the learned Additional Government Advocate for the State as well as Shri Vinay Sharma, learned counsel for the first informant and perused the record.
3. This anticipatory bail application under section 438 Cr.P.C. has been moved seeking anticipatory bail in Case Crime No. 23 of 2022, under sections 306, 506 IPC, Police Station Lal Kurti, District Meerut.
4. Brief fact of the case emerges as such that an FIR was lodged by the opposite party no. 2 under Section 306 IPC on 12.2.2022 against Pradeep Kumar, Shahzad and one unknown person alleging therein that her husband namely Yogendra Chaudhary borrowed some money in installment from Rajkumar Sirohi, Aastha Finance Company, 2nd Floor near Nandni Bar and Restaurant, Garh Road, Meerut and her husband was paying the said amount in installment, but the aforesaid company and his associates namely Honey and Harish Sonkar demanding more money from her husband and asked him that in case, he does not pay the money to them, they will not spare him and his family members and the said things were told by her husband to her and on account of the same, he lost his mental balance and committed suicide on 11.2.2022. The suicide note was recovered in which the mobile number of the applicant and his father Sri Shashi Kapoor i.e. 9837088231 included and after the said incident, the co-accused Rajkumar Sirohi came to her house on 12.2.2022 between 6.00 am to 7.00 am along with his son Akash Sirohi and unknown persons and left the place with the words that Yogendra has gone and now they will recover their money from them and they will compel them also to commit suicide. It was further alleged that she was not in a position to give a complaint and the names of the accused persons are written in the suicide note which was found to her has been annexed with the application.
5. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further stated that while studying in class 11th, the applicant came into contact of daughter of opposite party no. 2 namely Tanya and friendship developed between each other. On 25.6.2013, the applicant along with daughter of the first informant and other friends went to have lunch at Manssorpur in a car having registration no. UK-08-AA0874 in the name of father of applicant, which was driven by his driver namely Naveen Chand. After having lunch, while returning to their place, the said car driven by the said driver Naveen Chand was hit by a Truck having registration no. HR-55-AM-4999 which resulted into serious accident and in the said accident, the daughter of the first informant died and the applicant also received injuries.
6. The learned counsel for the applicant further submits that the FIR of the aforesaid incident was lodged by the said driver Naveen Chand at P.S. Daraula, Meerut on 25.6.2013 against the driver of the said Truck which was registered as Case Crime No. 415 of 2013 U/s 279/304A IPC. It is further stated that after investigation, the final report no. 315/2013 dated 10.11.2013 was submitted by the police in the court concerned. It is further stated that after the death of the daughter of the first informant, she and her husband namely Shri Yogendra Singh filed Motor Accident Claim Petition bearing MACT Petition No. 794 of 2013 which is still pending, in which the husband alleged in his plaint that the accident in question took place due to rash and negligent driving of the said Truck and the car bearing No. UK-08-AA-0874. Thus, the truck owner is liable to pay compensation to them.
7. The learned counsel for the applicant further states that soon after the aforesaid accident, the husband of the opposite party no. 2 started blackmailing and demanding Rs.
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