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SHEKHAR KUMAR YADAV
Sadik – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Jaideep Pandey, learned counsel for the applicant and learned A.G.A for the State of U.P. as well as perused the record.
2. The present bail application has been filed on behalf of the applicant in Case Crime No.455 of 2023, under Sections 504 and 306 I.P.C., Police Station- Sambhal, District-Sambhal with the prayer to enlarge him on bail.
3. As per allegation, younger brother of the first informant solemnized marriage with Zaneb before six months and Zaneb and her family members (in-laws of the deceased) were pressuring the deceased to live separately. It is further alleged that on 25.10.2023 there was a dispute between the Zaneb and the deceased. Zaneb called her parents as soon as they came and started abusing the deceased and said to die. It is further alleged that under this instigation, the deceased consumed poison at around 7:30 pm on the same day of incident and the deceased was died on 28.10.2023 during treatment.
4. The contention of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. The applicant is brother-in-law (Sala) of the deceased. The applicant has no concern with the alleged
The court considered the nature of allegations and the arguments presented by the applicant's counsel, and granted bail based on the specific conditions and without expressing any opinion on the meri....
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
The central legal point established in the judgment is the necessity of proving the intention and involvement of the accused to aid or instigate the commission of suicide, and the requirement of a po....
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
There is no answer as to why suicides occur because it is impossible to ever fully comprehend or analyze what goes on inside a person’s mind. Suicidal ideation and behaviors in human beings are compl....
Anticipatory bail may be granted when there is no direct evidence of instigation and the applicant is willing to cooperate with the investigation.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
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