Abetment of suicide case: Allahabad High Court grants bail to former IPS officer Amitabh Thakur

The Allahabad High Court on Monday granted bail to former Indian Police Service (IPS) officer, Amitabh Thakur in an abetment of suicide case in which two individuals had immolated themselves outside the Supreme Court after accusing Thakur and certain others of harassing them..Single-judge Justice Rajiv Singh granted bail to Thakur after noting that the charge-sheet in the case has already been filed. "Admittedly, the charge sheet is already filed and there is no averment in the counter affidavit for tampering any evidence. The applicant is in jail since 27.08.2021. The application stands allowed," the order said. By way of background, two persons had tried to immolate themselves outside the Supreme Court in August 2021. The police and the security personnel tried to douse the flame and took them to the hospital, but both succumbed due to their injuries in the hospital. It was later telecast on TV news that just before the incident, one of them did a Facebook live for about 10 minutes, in which she made accusations Bahujan Samaj Party MP Atul Rai, of raping her at his Varanasi home in 2019.The TV news further reported that she had also levelled serious allegations against Thakur..The UP government had constituted an inquiry committee which in its interim investigation report, found BSP MP and Amitabh Thakur prima facie guilty of abetting the victim and her associate witness to commit suicide and also recommended registering a case against them.'.The UP police had then arrested Thakur who was charged for offences under Sections 167 (public servant framing an incorrect document with intent to cause injury), 195A (threatening any person to false evidence), 218 (public servant framing incorrect record, etc), 306 (abetment of suicide) 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation) and 120B (criminal conspiracy) of Indian Penal Code..The counsel for applicant advocate Nadeem Murtaza vehemently submitted that there was 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.He also submitted that conviction under Section 306 IPC is not sustainable without there being a proximity to the time of occurrence on the part of the accused.Murtaza also submitted that he had always raised his voice against the victimization of people either by the government machinery or by others.Frivolous cases were filed against him on account of the same and he was compulsorily retired from service by an order dated March 17, 2021 and consequential order dated March 21, 2021, he further submitted.While opposing the bail application, Additional Advocate General submitted that the conduct of the applicant amounted to instigation. .The Court after considering the rival submissions granted bail to Thakur subject to furnishing personal bond of ₹20,000."Let applicant - Amitabh Thakur be released on bail in F.I.R. No. 309 of 2021, under Sections 120-B, 167, 195-A, 218, 306, 504, 506 IPC, Police Station Hazratganj, District Lucknow, on his furnishing personal bond of Rs.20,000/- and two reliable sureties each of the like amount," the order said. .[Read order]