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GURBIR SINGH
Gurleen Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application details and injuries. (Para 1 , 2) |
| 2. arguments about instigation and responsibility. (Para 3 , 4) |
| 3. court's analysis of relationship dynamics. (Para 5 , 6) |
| 4. conditions for anticipatory bail granted. (Para 7) |
| 5. final order and disposal of applications. (Para 8) |
Judgment
Mr. Gurbir Singh, J.
Prayer in this petition filed under Section 438 of the Code of Criminal Procedure is for grant of anticipatory bail to the petitioner in case FIR No.31 dated 16.03.2023, under Section 306 IPC, registered at Police Station Shimlapuri, District Ludhiana.
2. The case in question was registered on the statement of Sanjay Kumar. As per allegations, his son Rahul was preparing for IELTS at a Daffodils Coaching Centre in Ludhiana. He met the petitioner there. They fell in love with each other. They both wanted to marry. The said fact came to the knowledge of family of the petitioner. Her family gave one application against his son at Police Station Daba, Ludhiana. The matter was settled mutually. The petitioner resiled from marrying his son. Due to that, his son started remaining upset. He stopped talking to the family members. On 09.03.2023, his son cons
The court ruled that mere familial disputes do not constitute abetment of suicide; clear evidence of active instigation is required for prosecution under Section 108 of BNSS, 2023.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
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