Allahabad High Court has approved the anticipatory bail plea of Sushil Singhania, uncle of Nikita, wife of AI engineer Atul Subhash, accused of suicide. The court has given this relief for four weeks on the condition that he will fill a bail bond of Rs 50,000 before the competent magistrate. Also, he will not go out of India without the permission of the court.
This order has been given by the court of Justice Ashutosh Srivastava on the anticipatory bail of Sushil Singhania. Nikita, her mother Nisha, and her brother Anurag were also petitioners in this anticipatory bail plea. But, on Sunday morning, Nikita was arrested from Gurugram in Haryana, and her mother and brother were arrested by Bangalore Police from a hotel in the Ghunsi police station area.
After the suicide of AI engineer Atul Subhash, resident of Pusa Road, Samastipur, Bihar, his brother has lodged an FIR against Nikita, her mother Nisha, brother Anurag and uncle Sushil. Bangalore Police, which reached Nikita's maternal home in Jaunpur for investigation, had passed a notice on the wall and directed them to appear in Bangalore within three days. At the same time, the accused had filed anticipatory bail in the Allahabad High Court to avoid arrest.
'Arrest due to media trial'
Presenting his argument on Monday, Nikita's lawyer, senior advocate Manish Tiwari raised questions on the working style of Bangalore Police. He alleged that Bangalore Police had arrested the mother and brother without informing the local police. This arrest has been made due to a media trial. Whereas, in the notice pasted on the house, they were given three days to appear and record their statement. But, they were arrested before time.
Government advocate Ashutosh Kumar Sand and advocate Rajiv Kumar Singh, appearing on behalf of Atul's family, opposed the application. They said that Atul had mentioned the active role of Sushil in the suicide note and viral video.
This became the basis for bail.
In Atul's suicide note presented during the hearing of transit anticipatory bail, the court found that the prima facie allegation of inciting suicide is against the Chief Justice of Jaunpur Family Court, Rita Kaushik. Whereas, the role of wife Nikita, mother-in-law Nisha, and uncle is evident in the call to Atul's parents. It is limited to giving death threats. Keeping this in mind, Nikita's uncle was granted anticipatory bail.
The first case after the implementation of the new law
This is the first transit anticipatory bail application in Allahabad High Court after implementing the new criminal law Indian Civil Security Code. Allahabad High Court granted bail in the case registered in Karnataka. During the hearing, there were claims and counter-claims on its jurisdiction as well. But, finally, the court said that this court can grant transit anticipatory bail in a criminal case registered in another state.
Jaunpur court has now scheduled the hearing on the 29th
After the suicide of engineer Atul Subhash, the hearing of the case related to maintenance could not be held on Monday. The case's plaintiff and Atul's wife Nikita Singhania has been sent to jail. She cannot appear in court, so the advocate requested to fix the next date of hearing. The court accepted it and fixed the date of the hearing as 29th January. The hearing of the maintenance case of Nikita and her son is going on in the court of Family Court Judge Rita Kaushik.
Hearing on maintenance petition postponed again.
The revision petition filed by Nikita against Atul regarding maintenance could not be heard on Monday due to the court not sitting. The case is being heard by the court of Justice Saurabh Srivastava. This petition was filed in September against the decision of the Family Court of Jaunpur. The case was listed for hearing on 11 dates. But, the hearing could not take place. Monday was the 12th date, but again the hearing could not take place.
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