IMPORTANT POINT
The court considered the nature of allegations and the arguments presented by the applicant's counsel, and granted bail based on the specific conditions and without expressing any opinion on the merit of the case.

JUDGMENT :

1. Heard Sri Jaideep Pandey, learned counsel for the applicant and learned A.G.A for the State of U.P. as well as perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.455 of 2023, under Sections 504 and 306 I.P.C., Police Station- Sambhal, District-Sambhal with the prayer to enlarge him on bail.

3. As per allegation, younger brother of the first informant solemnized marriage with Zaneb before six months and Zaneb and her family members (in-laws of the deceased) were pressuring the deceased to live separately. It is further alleged that on 25.10.2023 there was a dispute between the Zaneb and the deceased. Zaneb called her parents as soon as they came and started abusing the deceased and said to die. It is further alleged that under this instigation, the deceased consumed poison at around 7:30 pm on the same day of incident and the deceased was died on 28.10.2023 during treatment.

4. The contention of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. The applicant is brother-in-law (Sala) of the deceased. The applicant has no concern with the alleged incident. It is further contended that mere uttering the words "go and die" will not constitute the offence under Section 306 of IPC. Even if we accept the prosecution story that the accused did tell the deceased to "go and die" that itself does not constitute the ingredients of "instigation". The word "instigate" denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or on the spur of the moment cannot be taken to be uttered with mens rea. It is further contended that there is no evidence on record to make out the case under Section 306 IPC. In support of his argument, learned counsel for the applicant relied upon the case of the Hon'ble Apex Court in Sanju Alias Sanjay Singh Sengar Vs. State of Madhya Pradesh, (2002) 5 SCC 371. In the case of Swamy Prahaladdas v. State of M.P., 1995 SCC (Cri) 943], it has been held that mere words uttered by the accused to the deceased "to go and die" were not even prima facie enough to instigate the deceased to commit suicide.

5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He submits that the applicant is languishing in jail since 29.10.2023 having no criminal history.

6. Learned A.G.A has opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.

7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

8. Let the applicant- Sadik, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(i