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SIDDHARTH
Jai Govind @ Ramji Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Sri Imran Ullah, learned counsel for the applicant; Sri Jai Kishan, Advocate, holding brief of Sri Vipin Kumar, learned counsel for the informant and as well as the learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant, Jai Govind @ Ramji Yadav, with a prayer to release him on bail in Case Crime No. 418 of 2022, under Sections 306, 504 and 506 IPC, Police Station- Nawabad, District- Jhansi during pendency of trial.
3. The implication of the applicant has been made after proceedings under Section 156(3) for committing the offences under Sections 306, 504, 506 IPC. The prosecution case is that the applicant and the daughter of informant, namely, Kajal, were having love affair. The applicant and co-accused persons had threatened the informant and her husband due to which her husband went into depression and died on 21.04.2021 due to heart-attack. It is further alleged that on 27.10.2021, the applicant and co-accused persons entered into the house of the informant and threatened them and Case Crime No. 232/2021, under Section 504, 506 was registered against them. It was further all
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
The judgment emphasizes the need for clear evidence of instigation or active facilitation to establish guilt in cases of abetment of suicide under Section 306 IPC.
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 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 main legal point established in the judgment is that to convict a person under Section 306 IPC for abetment of suicide, there must be clear mens rea and active instigation or aiding proven. The c....
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