# Shashidhar Gaurav Mishra @ Shashidhar Mishra (In Jail) v. State of U.P

- **Citation:** (2023) 3 ILRA 606
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-02-27
- **Case number:** Crl. Misc. Bail Application No. 46008 of 2022
- **Bench:** Mayank Kumar Jain
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shashidhar-gaurav-mishra-shashidhar-mishra-in-jail-v-state-of-u-p-49890
- **Pages:** 7

## Headnote

A. Criminal Law - Code of Criminal
Procedure, 1973-Section 439 - Indian
Penal Code, 1860-Section 306-deceased
committed suicide in his matrimonial
home after 10 years of her marriage due
to unwanted circumstances created by inlaws-false application was given to SSP
and Magistrate against the deceased and
divorce was also filed by the husband
stating that the wife/deceased is a mental
patient while she was qualified M.A. and
was teaching for last ten years-applicant
made false allegations against his wife
publicly on facebook too, she was deeply
hurt
with
the
false
allegations
undermining her dignity, eventually the
circumstances compelled her to commit
suicide-More so, a false prescription of
the
Varanasi
Mental
Hospital
is
presented by the applicant while the
deceased was never admitted in such
hospital-When
she
was
beaten
she
informed
the
police
with
a
digital
complaint and the contents of complaint
itself shows the sound mental status of
deceased.(Para 1 to 19)

B. If the accused by his acts and by his
continuous course of conduct creates a
situation
which leads
the
deceased
perceiving no other option except to
commit suicide, the case may fall within
the four-corners of Section 306 IPC. If
the accused plays an active role in
tarnishing the self-esteem and selfrespect of the victim, which eventually
draws the victim to commit suicide, the
accused may be held guilty of abetment
of suicide.(Para 18)
3 All. Shashidhar Gaurav Mishra @ Shashidhar Mishra Vs. State of U.P.
607
The application is rejected. (E-6)

List of Cases cited:

## Text

606 INDIAN LAW REPORTS ALLAHABAD SERIES
influencing/ winning over the witnesses by
using his muscle and money power......."

9. The accused applicant had
allegedly committed the first offence of
murder in the year 1974 and in 48 years of
his long and henious journey in world of
crime, he could be convicted only in two
cases recently in the year 2022. This
phenomena is very perturbing and does not
auger well for a democratic polity and a
society which is governed by rule of law.
All wings of the government i.e. executive,
legislative and judiciary, must share the
blame for allowing such a dreaded criminal
to go scot-free in several henious offences
which have been noted hereinabove. Such a
criminal should not have any place in the
society.

10. This Court, therefore, does not
think that such a dreaded criminal should
be allowed to be set free by enlarging him
on bail. Such a person is a constant threat
to the civil society governed by the rule of
law. He is a threat to the society and peace
living and law abiding citizens.

11. On an overall conspectus of the
aforesaid facts, this Court does not find any
ground to enlarge the accused applicant on
bail.

12. Consequently, the bail application
is hereby rejected.
----------
(2023) 3 ILRA 606
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 27.02.2023

BEFORE

THE HON'BLE MAYANK KUMAR JAIN, J.

Crl. Misc. Bail Application No. 46008 of 2022
Shashidhar Gaurav Mishra @ Shashidhar
Mishra ...Applicant (In Jail)
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Shailendra Singh, Ms. Kumudini Shukla

Counsel for the Opposite Party:
G.A., Arvind Kumar Mishra, Sri Arun Kumar
Mishra, Sri R.K. Ojha (Senior Adv.)

A. Criminal Law - Code of Criminal
Procedure, 1973-Section 439 - Indian
Penal Code, 1860-Section 306-deceased
committed suicide in his matrimonial
home after 10 years of her marriage due
to unwanted circumstances created by inlaws-false application was given to SSP
and Magistrate against the deceased and
divorce was also filed by the husband
stating that the wife/deceased is a mental
patient while she was qualified M.A. and
was teaching for last ten years-applicant
made false allegations against his wife
publicly on facebook too, she was deeply
hurt
with
the
false
allegations
undermining her dignity, eventually the
circumstances compelled her to commit
suicide-More so, a false prescription of
the
Varanasi
Mental
Hospital
is
presented by the applicant while the
deceased was never admitted in such
hospital-When
she
was
beaten
she
informed
the
police
with
a
digital
complaint and the contents of complaint
itself shows the sound mental status of
deceased.(Para 1 to 19)

B. If the accused by his acts and by his
continuous course of conduct creates a
situation
which leads
the
deceased
perceiving no other option except to
commit suicide, the case may fall within
the four-corners of Section 306 IPC. If
the accused plays an active role in
tarnishing the self-esteem and selfrespect of the victim, which eventually
draws the victim to commit suicide, the
accused may be held guilty of abetment
of suicide.(Para 18)
3 All. Shashidhar Gaurav Mishra @ Shashidhar Mishra Vs. State of U.P.
607
The application is rejected. (E-6)

List of Cases cited:
1. Rajesh Vs St. of Har. (2020) 15 SCC 359

2. S.S. Cheena Vs Vijay Kumar Mahajan &
anr..(2010) 12 SCC 190

3. Ude Singh Vs St. of Har. (2019) 17 SCC 301

4. M.Arjunan Vs St. (2019) 3 SCC 315

5. Amalendu Pal Vs St. of W.B. (2010) 1 SCC
707

(Delivered by Hon'ble Mayank Kumar
Jain, J.)

1. Compliance affidavit filed by
learned AGA is taken on record.

2. Heard Sri Shailendra Singh,
learned counsel for the applicant, Sri S.K.
Ojha, learned A.G.A. for the State and A.K.
Mishra,
learned
counsel
for
the
complainant and perused the record.

3. The present bail application has
been filed on behalf of the applicant in
Case Crime No. 119 of 2022, under Section
306 of IPC, Police Station Kotwali,
Prayagraj with the prayer to enlarge the
applicant on bail.

4. The brief facts of the case are that
the informant Amarnath Tripathi, father of
the deceased, lodged the first information
report against the applicant and other
family members stating therein that the
marriage of his daughter Nisha Tripathi
was solemnized with the applicant in the
year 2011 according to the Hindu rituals.
He spent Rs.14 lacs and gave one Hyundai
i-10 car in the marriage. After one month of
the marriage, mother-in-law of his daughter
started quarrelling with the deceased and
threatened her to break the marriage. His
daughter was serving as a teacher in Jagat
Taran Intermediate College, Prayagraj. The
applicant was having illicit relations with
another lady. This fact was narrated to the
informant by his daughter but he asked her
to have patience. Two years prior to the
date of incident the applicant beat his
daughter. A complaint was made to the
police regarding this. Prior to the date of
the incident, his daughter came to his house
and at that time she was not keeping in
good health. She was scared of ghosts.
After one week, the applicant took her with
him. The applicant switched off his own
and her mobile. On 19.05.2022 at around
6.00 pm he got the information that his
daughter has died. He rushed to the house
of his daughter and found that the dead
body of his daughter was lying on the floor.
The Applicant was torturing his daughter
and treating her with cruelty. The other
family members of the applicant were also
indulged in the same activities.

5. It has been argued by learned
counsel for the applicant that the applicant
is innocent and he has been falsely
implicated in the present case. It is
submitted that initially the first information
report was lodged under Section 302 of IPC
but on the basis of the post mortem report
the matter was converted under Section 306
of IPC and the charge sheet had already
been filed. The applicant is the husband of
the deceased Nisha Tripathi. The marriage
of the applicant was solemnized with the
deceased in the year 2011. The allegations
made in the first information report are
false and concocted and have no substance.
The deceased was never subjected to any
cruelty. It is submitted that the mental
condition
of
the
deceased
started
deteriorating from the year 2019-20 and
she
was
suffering
from
intermittent
608 INDIAN LAW REPORTS ALLAHABAD SERIES
explosive incidents involving repeated
sudden episodes of impulsive, aggressive,
violent
behaviour
and
angry
verbal
outburst. The applicant was restrained by
the informant himself from providing
medical assistance on the ground that the
deceased was highly qualified lady and she
could not suffer from any kind of mental
illness. Later on, the deceased started
exhibiting prominent signs of mental illness
which included but not limited to self
smiling, self muttering, apprehension of
continuously being watched, hallucinations
seeing dead people and God, apprehension
of phone and bank account being hacked
etc. She used to abuse and physical assault
the applicant and his family members on
multiple occasions. The applicant preferred
a complaint to the S.S.P. Prayagraj which
was referred for mediation but the deceased
did
not
appear
before
the
Officer
concerned. Since no action was taken by
the police authorities, the applicant moved
the application under Section 156(3)
Cr.P.C. and thereafter another application
in same manner was also moved. The
applicant was forced to prefer a divorce
petition before the competent Court. He got
her examination done by a psychiatrist and
preferred an application under Mental
Health Act, 2017. The deceased was
employed as a Teacher in Jagat Taran Girls
Intermediate College, Prayagraj and she
was forced to resign owning to her
unfounded apprehensions. Around MarchApril, 2022, she started hallucinating and
hearing voices. The deceased committed
suicide on 19.04.2022 by hanging without
any instigation, coercion or abetment by the
applicant due to her medical condition. It is
further submitted that out of the wedlock
one child was born who is 10 years old now
and living with the applicant. It is also
submitted that the cause of the death of the
deceased was ascertained to be asphyxia as
a result of anti mortem hanging. No other
injury was found on the person of the
deceased. It is also submitted that the
consultation made with the Psychiatrist and
the posts on her Facebook Account are also
brought on record through a rejoinder
affidavit which also indicates mental status
of the deceased. She was referred to a
mental hospital by the Psychiatrist for
treatment.

6. In support of his submission,
learned counsel for the applicant relied
upon the judgment of the Hon'ble Apex
Court passed in Rajesh Vs. State of
Haryana, (2020) 15 SCC 359 wherein it is
held that "the person who is stated to have
abeted the commission of suicide must
have played an active role by the act of
instigation or doing certain act to facilitate
the commission of suicide." It is argued
that there is no evidence available on
record which can substantiate that the
applicant was even remotely involved in
the commission of the alleged offence.

7. Learned counsel further placed
reliance upon the judgement of the Hon'ble
Apex Court passed in S.S. Cheena Vs.
Vijay Kumar Mahajan & Anr., (2010) 12
SCC 190, (ii) Ude Singh Vs. State of
Haryana, (2019) 17 SCC 301, (iii)
M.Arjunan Vs. State, (2019) 3 SCC 315
and (iv) Amalendu Pal Vs. State of West
Bengal, (2010) 1 SCC 707.

8. It is further submitted that the
applicant is languishing in jail since
21.05.2022 having no criminal history and
that in case he is released on bail, he will
not misuse the liberty of bail and will
cooperate in trial.

9. Per contra, the learned Additional
Government Advocate as well as learned
3 All. Shashidhar Gaurav Mishra @ Shashidhar Mishra Vs. State of U.P.
609
counsel for the informant opposed the
prayer for grant of bail and argued that the
deceased was mentally and physically
tortured by the applicant and his family
members. All the developments which are
narrated by the applicant with regard to
alleged illness of the deceased, moving the
applications under Sections 156(3) Cr.P.C.
and filing of divorce petition, relate to the
year 2021. The deceased was subjected to
mental and physical cruelty soon after her
marriage with the applicant. It is also
submitted that the divorce petition was also
filed in the year 2021. The alleged
application moved under Mental Health
Act, 2017 in the year 2021 which shows
that all the proceedings were initiated by
the applicant under a conspiracy at a
particular period of time. The deceased was
a highly qualified lady and she was a
teacher
in
Jagat
Taran
Intermediate
College, Prayagraj since last 10 years
therefore, all the allegations with regard to
her mental illness are false and concocted.

10. It is also submitted that so far as
the prescription of the Psychiatrist is
concerned, the meditation was advised in
the absence of the patient. It is not
possible that a Doctor can prescribe the
meditation or refer to the higher centre in
the absence of the patient therefore, the
prescription is produced just to give a
colour to the bail application. It is also
vehemently
submitted
that
such
prescription was not filed before the trial
Court when the bail application was
moved by the applicant. Under the orders
of the Court compliance counter affidavit
was filed by the State wherein the
statement of Doctor is filed in which
Doctor stated that at the time of
consultation the patient was not present
before him, therefore, the entire exercise
does not support the case of the applicant
in any manner. It is also submitted that
the
informant, his
wife
and other
witnesses have consistently corroborated
the version of the first information report.
The applicant and his family members
created
such
circumstances
which
compelled Nisha Tripathi to commit
suicide.

11. It is further submitted that none
of the family members informed the
complainant and his family about the
death of his daughter. The information
about the death of the deceased was given
by the police. Her dead body was brought
down in absence of the informant and his
family members. Filing of divorce case
by the applicant making false allegations
against his wife was direct instigation and
abatement to commit suicide. She was
deeply hurt with the false allegations
undermining her dignity. It is also argued
that during the period of ten years of the
marriage, no complaint was made by the
applicant about her mental illness. She
was a brilliant student having a degree in
M.A. in Geography and she also qualified
N.E.T. and C.T.E.T. examination and was
teaching for the last ten years. The
applicant and his family members were
creating an atmosphere that something
was wrong with her by putting her into
fear of evils. The applicant fled away
from the place of occurrence and was
arrested on 20.05.2022 and other accused
are still absconding. On 23.07.2021 the
applicant mercilessly beat the deceased
Nisha
Tripathi
and
she
informed
concerned Chowki In-charge and a digital
complaint was lodged by the deceased.
The contents of that complaint indicate
the sound mental status of deceased.

12. I have heard learned counsel for
the parties and perused the record.
610 INDIAN LAW REPORTS ALLAHABAD SERIES

13. Abatement' and 'abatement of
suicide' are defined under Section 107 and
306 of IPC respectively. It is deemed
proper to reproduce section 107 and 306 of
IPC, which reads thus:

"107. Abetment of a thing.

A person abets the doing of a
thing, who--

First-- Instigates any person to
do that thing; or

Secondly -- Engages with one or
more other person or persons in any
conspiracy for the doing of that thing, if an
act or illegal omission takes place in
pursuance of that conspiracy, and in order
to the doing of that thing; or

Thirdly-- Intentionally aids, by
any act or illegal omission, the doing of
that thing.

Explanation 1.--A person who, by
wilful misrepresentation, or by wilful
concealment of a material fact which he is
bound to disclose, voluntarily causes or
procures, or attempts to cause or procure,
a thing to be done, is said to instigate the
doing of that thing

Explanation 2.--Whoever, either
prior to or at the time of the commission of
an act, does anything in order to facilitate
the commission of that act, and thereby
facilitate the commission thereof, is said to
aid the doing of that act.

306. Abetment of suicide.

If any person commits suicide,
whoever abets the commission of such
suicide,
shall
be
punished
with
imprisonment of either description for a
term which may extend to ten years, and
shall alsobe liable to fine."

14. The Hon'ble Apex Court in catena
of cases has settled the factors to be kept in
the mind while considering an application
for bail such as page 25 of the judgment.

15. In the case in hand, it is admitted
that
the
marriage
of
the
applicant
solemnized with the deceased 11 years ago
and a male child was born out of their
wedlock in the year 2014. For a long span
of ten years of matrimonial life, there was
no complaint against the deceased with
regard to her behaviour and about her
mental illness.

16. Learned counsel for the applicant
placed reliance that an application was
moved before the Senior Superintendent of
Police,
Prayagraj
making
certain
description
about
the
behaviour
and
conduct of the deceased and it was prayed
that a report be lodged and the life of the
applicant and his family members be
protected. Thereafter, an application was
given by Smt. Syama Mishra, the mother of
the applicant to S.H.O., Kotwali, Prayagraj
describing the behaviour of the deceased.
Thereafter since no action was taken by the
police, an application under Section 156 (3)
Cr.P.C. was moved before the Court of
Chief Judicial Magistrate, Allahabad and
thereafter another application under same
section was moved. Reliance has been
placed on the report submitted by the
concerned police station about the mental
status of the deceased. Divorce petition
No.193 of 2021 was also filed mentioning
therein the behaviour and conduct of the
deceased seeking divorce from her. Certain
facebook posts were also placed on the
record to indicate the language used by the
deceased alleging that the language used in
such posts also indicates her mental status.

17. Perusal of the record goes to show
that the application given to S.S.P.
Praygaraj, S.H.O. Kotwali, Prayagraj, the
first and subsequent application under
Section 156(3) Cr.P.C. were moved during
the period February, 2021 to July, 2021.
3 All. Shashidhar Gaurav Mishra @ Shashidhar Mishra Vs. State of U.P.
611
The divorce petition under Section 13 of
Hindu Marriage Act was filed by the
applicant on 27.01.2021. Suffice to say that
all the exercise was done during the year
2021. Earlier to this period since the date of
the marriage it appears that everything was
fine and was going smoothly. It is pertinent
to mention here that the contents of the
applications given to police authority and
before the Court and also the grounds taken
in the divorce petition are more or less
identical. To show the bona fide of the
applicant,
he
consulted
a
competent
Psychiatrist for treatment of his wife-the
deceased. Through a rejoinder affidavit,
prescription was filed in which meditation
was prescribed and the patient was referred
to a Mental Hospital, Varanasi for
evaluation and IPD management. It is
important to note that the patient was not
present before the doctor concerned.
Through
a
compliance
affidavit
this
information was brought on record by the
learned AGA that the deceased was never
admitted to the Mental Hospital, Varanasi.
This also indicates that this exercise was
done by the applicant just to give a colour
to his bail application. At this juncture the
argument of learned counsel for the
informant is also to be taken into
consideration that the aforesaid prescription
was not filed before the trial court. It is also
alleged that the applicant did not allow the
deceased Nisha Tripathi to participate in
the birth anniversary of her father on
15.05.2022 and her mobile was switched
off. It appears that the allegations levelled
against the deceased in various applications
and divorce petition given by the applicant
caused her mental torture and depression
which abated her to commit suicide.

18. The Hon'ble Apex Court in Ude
Singh and others VS. State of Haryana,
(2019) 17 SCC 301 observed that:

"16.1 For the purpose of finding
out if a person has abetted commission of
suicide by another, the consideration would
be if the accused is guilty of the act of
instigation of the act of suicide. As
explained and reiterated by this Court in
the decisions above-referred, instigation
means to goad, urge forward, provoke,
incite or encourage to do an act. If the
persons who committed suicide had been
hypersensitive and the action of accused is
otherwise not ordinarily expected to induce
a similarly circumstanced person to commit
suicide, it may not be safe to hold the
accused guilty of abetment of suicide. But,
on the other hand, if the accused by his acts
and by his continuous course of conduct
creates a situation which leads the
deceased perceiving no other option except
to commit suicide, the case may fall within
the four-corners of Section 306 IPC. If the
accused plays an active role in tarnishing
the self-esteem and self-respect of the
victim, which eventually draws the victim to
commit suicide, the accused may be held
guilty of abetment of suicide. The question
of mens rea on the part of the accused in
such cases would be examined with
reference to the actual acts and deeds of
the accused and if the acts and deeds are
only of such nature where the accused
intended nothing more than harassment or
snap show of anger, a particular case may
fall short of the offence of abetment of
suicide. However, if the accused kept on
irritating or annoying the deceased by
words or deeds until the deceased reacted
or was provoked, a particular case may be
that of abetment of suicide. Such being the
matter of delicate analysis of human
behaviour, each case is required to be
examined on its own facts, while taking
note of all the surrounding factors having
bearing on the actions and psyche of the
accused and the deceased.
612 INDIAN LAW REPORTS ALLAHABAD SERIES

16.2. We may also observe that
human mind could be affected and could
react in myriad ways; and impact of one's
action on the mind of another carries
several imponderables. Similar actions are
dealt with differently by different persons;
and so far a particular person's reaction to
any other human's action is concerned,
there is no specific theorem or yardstick to
estimate or assess the same. Even in regard
to the factors related with the question of
harassment of a girl, many factors are to be
considered
like
age,
personality,
upbringing, rural or urban set ups,
education etc. Even the response to the illaction of eve-teasing and its impact on a
young girl could also vary for a variety of
factors, including those of background,
self- confidence and upbringing. Hence,
each case is required to be dealt with on its
own facts and circumstances."

19. Considering the entire facts and
circumstances of the case, submissions of
learned counsel for the parties, nature of
evidence and gravity of the offence,
without expressing any opinion on merits
of the case, the Court is of the view that
the applicant is not entitled for the bail,
therefore, the bail application is rejected.

20. Any observation made above shall
not be treated as any finding on the merit
and shall not prejudice the trial.
----------

(2023) 3 ILRA 612
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 01.03.2023

BEFORE

THE HON'BLE ANJANI KUMAR MISHRA, J.
THE HON'BLE UMESH CHANDRA SHARMA, J.

Criminal Appeal No. 258 of 2018
Rishi Talwar ...Appellant
Versus
State of U.P. ...Opposite Party

Counsel for the Appellant:
Sri Vijit Saxena, Sri Ataullah Mubarak
Ahmad, Sri G.S. Chauhan, Sri Kuldeep
Saxena, Sri Rajiv Lochan Shukla, Sri
Ranjeet
Singh,
Sri
Shashwat
Kishore
Chaturvedi, Sri Somesh Khare, Sri Vimlendu
Tripathi, Sri Mohd. Amir, Sri Ashwini Kumar
Ojha

Counsel for the Respondents:
G.A., Sri Amit Kumar Srivastava

Criminal Law - Indian Penal Code, 1860 -
Section 302 - Murder - Arms Act, 1959 -
Sections 25 & 27-A - Hindu Marriage Act,
1955 - Section 13B - Code of Criminal
Procedure, 1973 - Sections 125, 128, 161,
293, 313 - Indian Evidence Act, 1872 -
Sections 3(2), 6, 11, 32(1), 53, 59, 63,
65A, 65B, 73, 106 & 118 - Circumstantial
evidence - Chain of circumstances
complete - Murder of wife - Burden of
proof always lies on prosecution - Concept
of proof beyond shadow of doubt is to be
applied in criminal trials - Doubts would
be called reasonable if they are free from
zest for abstract speculation or from an
over-emotional response - If St.ment
recorded by PW-11 is not considered, the
information given by deceased would be
sufficient evidence to convict accused - All
chains of circumstantial evidence are
attached with each other - Motive that
there was no cordial relation between
wife and husband and accused wanted to
get decree of divorce, presence of accused
admitted by him, proves that accused was
present in house where deceased was
killed - Deceased had communicated
torture, beating and ill-treatment soon
before her death to her parents - Extra
judicial confession made by accused to
his
sisters
and
mother, recovery
of
weapon which has matched with empty
cartridges found on spot - Presence of
accused and deceased together in house,
failure of accused to prove plea of alibi