Allahabad High Court
Mohsin vs State Of U.P. And Another on 26 April, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 20.04.2023
Delivered On:- 26.04.2023
Case :- CRIMINAL APPEAL No. - 6848 of 2022
Appellant :- Mohsin
Respondent :- State of U.P. and Another
Counsel for Appellant :- Mansoor Ahmad
Counsel for Respondent :- G.A.,Mahendra Kumar Yadav
Hon'ble Siddharth, J.
1. Heard Sri Mansoor Ahmad, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Mahendra Kumar Yadav, learned counsel for opposite party no.2 and perused the material placed on record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 30.08.2022, whereby the Special Judge, SC/ST Act, Kanpur Nagar has rejected the bail application of the appellant moved by him in Case Crime No. 266 of 2022, under Sections- 306, 504, 506 IPC read with Section 3(2)(5) of SC/ST Act, Police Station- Bilhor, District- Kanpur Nagar.
3. There is allegation that the daughter of the informant was found hanging in her house. There was no one in the house at the time of the alleged incident. In the suicide note left behind her she has stated that some persons are responsible for ruining her life and hence she is committing suicide was not which is alleged in the FIR that the daughter of the informant was student of B.A. While coming and going to coaching she was subjected to obscene gestures and misbehaviour by the appellant, who is a meat seller. When the informant tried to dissuade him, he abused him by caste related words.
4. Learned counsel for the appellant submits that it is a case of false implication. The suicide note was recovered on 28.05.2022 when the first information report was lodged on 22.05.2022. The first information report bail or after about 43 days of incident without any explanation for delay. He has further submitted that no one is named in the suicide note left behind by the deceased. She has stated therein that no one responsible for her death and no one will harass her family members. The appellant has falsely implicated in this case and is languishing in jail since 14.07.2022 and has no criminal history to his credit.
5. Learned A.G.A and counsel for informant have opposed the appeal of the appellant.
6. As per the order of this Court dated 21.11.2022, the appellant has brought on record the statements of Sarvesh Kumar, the informant; witness, Rachel; witness, Sandeep Kumar and statement of mother of the deceased, Sita Devi. From a perusal of the aforesaid statements, it is clear that it was the appellant was having one-sided affair with the deceased and used to harass in the way by making sexually explicit remarks. Being fed up of the appellant, the deceased committed suicide. She has stated in her dying declaration that her life has come to such a stage that she has been left with no other option but to commit suicide. The Apex court in the case of Velladuraii vs. State represented by the Inspector of Police in Criminal Appeal No. 953 of 2021, has held that where deceased was left with no option but to commit suicide, it will amount to abetment of the deceased to commit suicide.
7. After hearing the rival contentions, this Court finds that it is not a fit case for granting bail to the appellant at this stage.
8. The criminal appeal is accordingly, dismissed.
9. Trial court is directed to conclude the trial of the appellant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 26.04.2023 Rohit