Riyasat Ali & Others vs State Of Uttarakhand

Alok Kumar Verma, J

These three Bail Applications have been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First Information Report No. 0087 of 2021, registered with Police Station Chorgaliya, District Nainital for the offence under Section 306 of I.P.C. These three bail applications are arising from an FIR, therefore, these bail applications are being considered and decided by this common order.

The informant, mother of the deceased (PW1), lodged the First Information Report on 27.10.2021, wherein, she stated that on 25.10.2021, the entire family of the informant were doing agricultural work on her field. Her major daughter, aged about 21 years (the deceased) was alone in her house. The applicant-accused Binda alias Joginder spread rumors that he had seen the applicant-accused Arif coming from her house and alleged that the deceased had illegal relations with the applicant-accused Arif. On 26.10.2021, the applicants-accused persons Arif and Riyasat Ali had told that they have obscene video of the deceased. Her daughter, deceased, had requested not to defame her, otherwise, she would commit suicide by taking poison.

During the investigation, a mobile phone was recovered. The said mobile phone was sent to the Forensic Science Laboratory for examination. Report from the Forensic Science Laboratory has not been received yet.

After completion of the Investigation, a charge sheet was filed. The evidence of the mother of the deceased (PW1) has been recorded.

Heard the learned counsel for the parties and perused the record.

The learned counsel for the applicants submitted that the applicants have been falsely implicated in this matter. The informant, the mother of the deceased (PW1), has not supported the case of the prosecution. The applicants had not abetted the commission of the suicide. There is no direct evidence of abetment against the applicants.

The learned counsel appearing for the applicants further submitted that without a positive act on the part of the applicants to instigate or aid in committing suicide, it cannot be said that the applicants had abetted the commission of the suicide. It requires an active act or direct act, which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that she committed suicide.

The learned counsel appearing for the State submitted that the deceased had committed suicide by taking poison. However, he fairly conceded that the informant (PW1) has not supported the prosecution’s case, and, prima facie, no photos were found from the recovered mobile phone, however, the said mobile phone has been sent to the Forensic Science Laboratory for examination and the examination report has not been received so far.

The learned counsel for the applicants further submitted that the applicant- accused, namely, Riyasat Ali is in custody since 28.10.2021, the applicants –accused persons, namely, Binda alias Joginder and Arif are in custody since 27.10.2021 and the applicants have no criminal history. Charge sheet has already been filed and the evidence of one witness has been recorded, therefore, there is no chance of tampering with the evidence.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicants deserve bail at this stage.

The bail applications are allowed.

Let the applicants, namely, Riyasat Ali, Binda alias Joginder and Arif be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions:-

i) The applicants shall attend the trial court regularly and they will not seek any unnecessary adjournment;

ii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution will be free to move the court for cancellation of bail.