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VIKAS BAHL
Rajesh @ Leelu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - CRM-36645-2021
1. Present application has been filed under Section 428 Cr.P.C. for placing on record certain documents as Annexures A-1 to A-7.
2. Application is allowed, as prayed for. The documents (Annexures A-1 to A-7) are taken on record, subject to all just exceptions.
CRM-M-44702-2019
3. This is a first bail application under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.416 dated 02.09.2018 registered under Section 306 IPC at Police Station Beri, District Jhajjar.
4. Learned counsel for the petitioner has submitted that in the present case, the petitioner was arrested on 03.09.2018 and was granted interim bail by a Co-ordinate Bench of this Court on 14.08.2020, after spending about 1 year and 11 months in custody. It is further submitted that in the present case, the challan has been presented and out of 21 prosecution witnesses, only 4 have been examined, thus, the trial is likely to take time. It is also submitted that a perusal of the FIR would show that prima facie the offence under Section 306 IPC is not made out. It is also submitted that on 29.08.2018 in fact, a minor scuffle had taken place, in which, the decea
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
The necessity of active instigation or aiding in committing suicide, mens rea, and a direct act intended to push the deceased into committing suicide for conviction under Section 306 IPC.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
The main legal point established in the judgment is that the power of quashing criminal proceedings under Section 482 Cr.P.C. can be used to prevent the abuse of the process of law or to secure the e....
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
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