# Naitik Shukla v. State of U.P. & Ors

- **Citation:** (2023) 4 ILRA 1088
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-04-05
- **Case number:** Crl. Misc. Anticipatory Bail Appl. No. 104 of 2023
- **Bench:** Mrs. Jyotsna Sharma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/naitik-shukla-v-state-of-u-p-ors-49792
- **Pages:** 3

## Headnote

Criminal Law - Indian Penal Code, 1860 -
Section 306 - Abetment of Suicide - As per
allegations in F.I.R. lodged by father of
deceased, his son who was working in
Courier Company, did not turn up in his
office on 10.09.2022 - His father tried to
contact him but he was not available -
Missing report lodged on 17.09.2022 - His
son has committed suicide in a lodge by
hanging himself - Suicide note of 11 pages
written in english language was found, it
was mentioned that applicant and two
others were responsible for his suicide -
Held,
for
constitution
of
offence
of
abetment
to
commit
suicide,
"the
instigation" need not be expressed in so
many words - The intention to "instigate"
can only be gathered from facts and
circumstances, which preceded the "act of
suicide" - At the stage of grant of bail
(anticipatory or regular), a deep analysis
of a suicide note, which is legally a dying
declaration, is uncalled for - Mental status,
anguish, agony caused to victim by direct
acts of applicant were responsible for
compelling him to take his own life -
Vehemently argued that intention is not a
mystical thing and can be gathered from
overt acts - Hence, not a fit case to grant
benefit of anticipatory bail. (Para 3, 6, 7)

Application rejected. (E-13)

List of Cases cited:

## Text

1088 INDIAN LAW REPORTS ALLAHABAD SERIES
prepared. Prosecution has also failed to
establish
the
complete
chain
of
circumstances.

26. In view of the above fact, the
judgement
of
Sessions
Judge
dated
28.10.2017 is not based on any conclusive
evidence but, simply on the basis of
presumption and circumstantial evidence
which itself was not sufficient. Therefore,
we are of the considered opinion that
prosecution could not prove its case against
the appellants beyond doubt. Therefore,
judgement and order dated 28.10.2017
passed by the learned Additional District &
Sessions
Judge
(FTC),
Court
No.3,
Bulandshahr is set aside and appellants are
acquitted from the charges under Sections302/34, 201 IPC in case crime no.252 of
2011, Police Station-Narsena, Bulandshahr.
Therefore, appellants namely, Rajveer and
Rahisuddin be immediately be released if
they are not wanted in any other cases.

27. Accordingly, both the appeals are
allowed.
----------
(2023) 4 ILRA 1088
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 05.04.2023

BEFORE

THE HON'BLE MRS. JYOTSNA SHARMA, J.

Crl. Misc. Anticipatory Bail Appl. No. 104 of 2023

Naitik Shukla ...Applicant
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Applicant:
Sri Gaurav Singh, Sri Kumar Sreshtha, Sri
Krishap Shanker Singh, Sr. Advocate

Counsel for the Respondents:
G.A., Sri Rakesh Kumar Shukla
Criminal Law - Indian Penal Code, 1860 -
Section 306 - Abetment of Suicide - As per
allegations in F.I.R. lodged by father of
deceased, his son who was working in
Courier Company, did not turn up in his
office on 10.09.2022 - His father tried to
contact him but he was not available -
Missing report lodged on 17.09.2022 - His
son has committed suicide in a lodge by
hanging himself - Suicide note of 11 pages
written in english language was found, it
was mentioned that applicant and two
others were responsible for his suicide -
Held,
for
constitution
of
offence
of
abetment
to
commit
suicide,
"the
instigation" need not be expressed in so
many words - The intention to "instigate"
can only be gathered from facts and
circumstances, which preceded the "act of
suicide" - At the stage of grant of bail
(anticipatory or regular), a deep analysis
of a suicide note, which is legally a dying
declaration, is uncalled for - Mental status,
anguish, agony caused to victim by direct
acts of applicant were responsible for
compelling him to take his own life -
Vehemently argued that intention is not a
mystical thing and can be gathered from
overt acts - Hence, not a fit case to grant
benefit of anticipatory bail. (Para 3, 6, 7)

Application rejected. (E-13)

List of Cases cited:

1. Shabbir Hussain Vs St. of M.P. & ors.,
reported in 2021 SCC OnLine SC 743

2. St. of W. B. and Indrajit Kundu & ors.,
reported in (2019) 10 SCC 188

(Delivered by Hon'ble Mrs. Jyotsna
Sharma, J.)

1. Heard Sri Kripa Shankar Singh,
learned Senior Counsel assisted by Sri
Kumar Sreshtha and Sri Gaurav Singh,
learned counsels for the applicant, Sri
Rakesh Kumar Shukla, learned counsel for
the first informant, learned A.G.A. for the
State and perused the record.
4 All. Naitik Shukla Vs. State of U.P. & Ors.
1089

2. This application has been moved
on behalf of the applicant- Naitik Shukla
seeking anticipatory bail in Case Crime
No.0687 of 2022, under section- 306 I.P.C.,
Police Station- Kotwali, District- Lalitpur.

3. As per the allegations in the F.I.R.
lodged by father of the deceased his son
Uday Bajpayee, who was working in
Expressway Courier Company Agra, did
not turn up in his office on 10.09.2022; his
father tried to contact him but he was not
available, therefore the first informant, his
wife and his younger son went to Agra to
enquire about his whereabouts but he was
not found there; the first informant lodged a
missing report on 17.09.2022; later, he was
informed that his son has committed
suicide in a lodge in Lalitpur by hanging
himself. It is mentioned in the F.I.R. that a
suicide note of 11 pages written in english
language was also found in which it was
clearly mentioned that the present applicant
Naitik Shukla and two others were squarely
responsible for his suicide.

4. It is contended on behalf of the
applicant that he is innocent and has been
falsely implicated in this case; the deceased
was working as an Executive in the
company; the applicant and the deceased
were working at different units; he never
instigated the commission of suicide and
nor he can be connected with the same;
before this incident, an altercation took
place between the applicant, the deceased
and some other employees of the company
for which he lodged an F.I.R. It is argued
that the gap between that incident and the
commission of suicide is so long that it
cannot be presumed that the previous
incident contributed towards commission
of suicide and that the applicant was
responsible for the same. Two of the
judgements of the Hon'ble Supreme Court
in Shabbir Hussain vs. State of M.P. and
Others, reported in 2021 SCC OnLine
SC 743 and State of West Bengal and
Indrajit Kundu and Others, reported in
(2019) 10 SCC 188 have been cited to
stress the argument that the previous
incident cannot be treated as the precursor
for the instant crime and nor the applicant
can be slapped with any responsibility for
the same.

5. The application for anticipatory
bail is opposed by the learned A.G.A. and
the private counsel for the first informant
highlighting the fact that the 11 pages
suicide note describes in sequence all the
facts and circumstances, right from the date
of the F.I.R. lodged from the side of the
applicant about a previous incident between
the two, till commission of suicide; even a
cursory look at the suicide note shall give
an impression that the deceased was being
harassed by the applicant and he felt
insulted and frustrated to such an extent
that he was forced to take such extreme
step of taking his own life; my attention has
been drawn to whatsapp message/status
uploaded by the deceased a few days before
committing suicide in which he said that
the present applicant and two others Sunil
and Girish Tomar have been threatening
him to fire him from the job and that the
instant applicant has been demanding
alcohol etc. and bullying and brow beating
him on his small mistakes; he misbehaved
and said objectionable things to him,
therefore he is dropping his job and going
to commit suicide.

6. As far as the legal argument raised
by the applicant is concerned, it is argued
that for constitution of offence of abetment
to commit suicide, "the instigation" need
not be expressed in so many words. The
intention to "instigate" can only be gathered
1090 INDIAN LAW REPORTS ALLAHABAD SERIES
from facts and circumstances, which
preceded the "act of suicide". Further, at the
stage of grant of bail (anticipatory or regular),
a deep or penetrative analysis of a suicide
note, which is legally a dying declaration, is
uncalled for. Merits of the evidence are
important, even for bail but not in the same
manner as in a full-fledged trial. The mental
status, the anguish, the agony caused to the
victim by direct acts of the applicant were
responsible for compelling the deceased to
take his own life. It is vehemently argued that
intention is not a mystical thing and can be
gathered from overt acts. As far as grant of
anticipatory bail to co-accused Girish Tomar
and Sunil Kumar is concerned, present
applicant's case stands on different footing as
he prima-facie appears to be the main culprit.

7. I considered the submissions of both
the sides in the light of material on record,
nature of accusations, role of applicant and all
attending facts and circumstances of the case.
I do not find it a fit case to grant benefit of
anticipatory bail.

8. Hence, the anticipatory bail
application is rejected.

9. However, any of the observation
made herein shall not be taken as a comment
on merits of the case and the learned trial
court shall be at liberty to form its own
opinion, on the basis of material before him,
at any stage of the case.
----------
(2023) 4 ILRA 1090
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 20.04.2023

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Crl. Misc. Bail Application No. 7975 of 2023

Pappu ...Applicant
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Applicant:
Sri Vishnu Murti Tripathi

Counsel for the Respondents:
G.A., Sri Juned Alam, Sri Pradeep Kumar

Criminal Law - Indian Penal Code, 1860 -
Sections 363, 366 & 376(3)
- The
Protection
of
Children
from
Sexual
Offences Act, 2012 - Sections 3⁄4 - The
Code of Criminal Procedure, 1973 -
Sections 161, 164 - Informant (Mother of
victim) St.d that her daughter (minor)
went
to
attend
nature's
call
on
21.08.2022-- When she did not return, a
search was undertaken but she could
not be found - On 24.08.2022 she lodged
the F.I.R against unknown person u/s
363
I.P.C
-
Held,
according
to
educational document, age of victim on
the date of occurrence was about 15
years and 8 months and according to her
medical examination, age is opined
between 17 to 18 years, therefore, she is
a minor girl - Consent of a minor girl is
immaterial - Victim in her St.ment St.d
that
she
was
not
only
forcefully
kidnapped but forcefully married also
and
applicant
has
made
physical
relationship against her will - St.ment of
victim has not been recorded till date,
Possibility that applicant will try to
influence
her
-
Accordingly,
bail
application rejected with directions. -
(Para 2, 3, 9, 10)

Bail application rejected. (E-13)

List of Cases cited:

1. Arya Samaj, Gwalior Vs St. of M.P. & ors.,
2017 SCC OnLine MP 904

2. Ashish Morya Vs Anamika Dhiman, 2022(12)
ADJ 584 (DB)