Atul Subhash Case | If Suicide Note Is Believed God Knows Who All Will End Up In Dock: Accused-Uncle Seeks Transit Anticipatory Bail In Allahabad HC

Appearing for Sushil before a bench of Justice Saurabh Srivastava, Senior Advocate Manish Tiwari raised serious questions regarding the authenticity of the suicide note left by Subhash, as he submitted that “if this suicide note is believed, God knows who all will end up in the dock.”

He also added that the family court judge, before whom the matter of Atul Subhash and his wife Nikita Singhania was pending, was 'spared' despite being named in the suicide note.

In response to this, the Governemnt advocate submitted that the High Court had, on the administrative side, taken note of the matter, and it had summoned case records.

Before the court, the accused limited the relief to a grant of transit anticipatory bail until January 2^nd, the day when the courts in Karnataka will reopen after the winter break. The single judge is likely to pass an order later today.

During the arguments, Sr. Counsel Tiwari also questioned the haste shown by the police in apprehending the accused persons as he strongly submitted that 'even Osama Bin Laden wasn't caught this 'quickly'.

“...…the FIR was lodged on the 9th December. On the 12th of December, the petition was filed, and then on 13th-14th December, the accused persons were arrested. 9th December ko FIR hui and 12th December ko they are at my door. Osama Bin Laden ko bhi itni teji se nahi pakda hoga. Prayagraj police ko bhi nahi bataya. Abhi to in par problem aayegi.. without informing local police, how can they take them? [Translation : The FIR was lodged on December 9th. The petition was filed on December 12th, and then on December 13th-14th, the accused persons were arrested. The FIR was filed on December 9th, and by December 12th, they were at my door. Even Osama Bin Laden wasn't caught this quickly. The Prayagraj police weren't even informed. Now, they will face problems... How can they take them without informing the local police?]

On the other hand, the Government advocate specifically submitted that the three accused, including Atul Subhash's wife, had been arrested from Jaunpur, and the SP concerned was informed about the same.

Further, the Advocate for the complainant argued that there is a specific allegation against the uncle (applicant-accused), as the alleged suicide video says that he was harassing the deceased for extorting money.

Before the court, the issue of the custody of the minor child (of Atul Subhash and Nikita) was also raised, as it was alleged that the child was in the custody of the uncle-accused. In response, Senior Counsel Tiwari argued that the child is not in his client's custody, as it would be impossible for him, a neuropathy patient, to roam around with the child.

Senior Counsel Tiwari also submitted that the arguments should not focus on the merits of the case as he was confining the relief solely to grant transit anticipatory bail so that his client could approach the Bangalore Court in the meantime. He also referred to the Supreme Court's 2023 ruling in the case of Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996

In light of these submissions, the court reserved its order, which is expected to be pronounced later today.