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SC Self-Immolation: Allahabad High Court Grants Bail To Former IPS Officer Amitabh Thakur In Abetment Of Suicide Case
LIVELAW NEWS NETWORK
15 March 2022 4:11 AM GMT
The Allahabad High Court on Monday granted bail Former IPS officer Amitabh Thakur in the abetment to suicide case, in which a woman and her friend had set themselves on fire outside the Supreme Court and succumbed to burn injuries. "Admittedly, the charge sheet is already filed and there is no averment in the counter affidavit for tampering any evidence," the bench of Justice Rajeev...
The Allahabad High Court on Monday granted bail Former IPS officer Amitabh Thakur in the abetment to suicide case, in which a woman and her friend had set themselves on fire outside the Supreme Court and succumbed to burn injuries.
"Admittedly, the charge sheet is already filed and there is no averment in the counter affidavit for tampering any evidence," the bench of Justice Rajeev Singh stated.
The woman had alleged that Thakur had helped the BSP MP Atul Rai in harassing and threatening her to withdraw her case or weaken it.
Subsequent to this incident, the Uttar Pradesh government had formed a two-member probe panel to look into the allegations, which found the duo prima facie guilty.
Consequently, Lucknow police lodged an FIR against Thakur and Rai and subsequently arrested Thakur on charges of Abetting the woman's suicide.
The FIR against Thakur also contains charges under Sections 167 (public servant framing an incorrect document with intent to cause injury), 195-A (threatening any person to false evidence), 218 (public servant framing incorrect record, etc), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation) and 120-B (criminal conspiracy) of IPC.
Hence, this bail application was been by Thakur seeking bail.
His counsel, Advocate Nadeem Murtaza, submitted that allegations are totally frivolous. The counsel further submitted that there is no evidence that the applicant played an active role by an act of instigation or by doing an act that facilitated the commission of suicide and there is no mens rea. It is also submitted that conviction under Section 306 I.P.C. is not sustainable without there being a 9 proximity to the time of occurrence on the part of the accused.
The counsel for the Respondent, Advocate V.K. Shahi, submitted that the Applicant abused his position of power and his conduct comes into the category of instigation.
In view of the facts and circumstances of the case, the court allowed the bail application admitting that the charge sheet has been filed and there is no averment in the counter affidavit for tampering with any evidence. It ordered,
"Let applicant - Amitabh Thakur be released on bail on his furnishing personal bond of Rs.20,000/- and two reliable sureties each of the like amount."
Case Title: Amitabh Thakur v. State Of U.P. Thru Addl. Prin.Secy. Home Lucknow
Citation: 2022 LiveLaw (AB) 112
