Atul Subhash Case | Allahabad High Court Grants Transit Anticipatory Bail To Accused-Wife's Uncle For Four Weeks
Live Law News Network
16 Dec 2024 9:05 PM IST
The Allahabad High Court today allowed transit anticipatory bail for 4 weeks to Sushil Singhania, the uncle of the estranged wife of 34-year-old Bangalore techie Atul Subhash, in connection with the abetment to suicide case.
A bench of Justice Ashutosh Srivastava noted that denying interim protection to enable him to make a pre-arrest bail application before a Court of Competent Jurisdiction would result in irremediable and irreversible prejudices to him.
It may be noted that the Uncle of the deceased's wife is facing an FIR lodged in Karnataka, and the Allahabad HC has now granted him the relief so that he can invoke appropriate legal remedies before a court of competent jurisdiction in Karnataka.
The Court also noted that, upon a prima facie perusal of the suicide note, it comes out that the allegations of instigating suicide are primarily directed against the Principal Judge, Family Court, Jaunpur, the mother-in-law, and the wife.
As for Applicant No. 4 (the accused applicant), the court noted that the allegations appear to be limited to issuing threats over the phone and in person regarding beating up, killing, and filing false cases.
The Court also relied upon the Supreme Court's 2023 judgment in the case of Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996, wherein it was observed that there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable an accused to approach the Courts including High Courts where the offence is alleged to have been committed and the case is registered.
"There is no doubt that the right to liberty is enshrined in Part-I1I of the Constitution of India and such rights cannot be impinged except by following procedure established by law," the Court further remarked.
Against this backdrop, the Court granted him the relief under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned.
The Court has directed that the applicant shall make himself available for interrogation by a Police Officer as and when required.
Earlier today, appearing for the accused, Senior Counsel Manish Tiwari questioned the haste shown by the police in apprehending the accused persons as he vehemently submitted that 'even Osama Bin Laden wasn't caught this 'quickly'.
It may be noted that the wife of 34-year-old Bangalore techie Atul Subhash, along with three of her family members (including the accused-applicant/Sushil Singhania), had filed an anticipatory bail petition before the Allahabad High Court in connection with an FIR lodged against them concerning abetment to suicide case.
However, pursuant to the arrest of Nikita, her mother (Nisha Singhania) and her brother (Anurag Singhania) on Saturday, their plea became infructuous and only the plea of Accused-Sushil remained.
Subhash, who allegedly died by suicide due to alleged harassment by his wife through the filing of matrimonial cases, left behind a 'justice is due' placard and a 24-page suicide note. He also recorded an 81-minute video in which he accused his wife, Nikita Singhania, and her family members of subjecting him to harassment during an ongoing legal battle over divorce, alimony, and child custody in a family court in UP's Jaunpur district.
An FIR was lodged against Nikita and her three family members by Bikas Kumar, the brother of Atul, in Bengaluru for abetment of suicide against them.
Case title - Nikita Singhania And 3 Others vs. State of U.P. and Another
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