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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Saurabh Meena – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. allegations of abetment (Para 4 , 5 , 6 , 7) |
| 2. defense claims innocence (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. post-mortem findings (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Sushil Shukla, learned counsel for the applicant and Sri Raj Kumar Pandey, Advocate holding brief of Sri Ganga Bhushan Mishra, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.308 of 2024, under Sections 323, 313, 376 and 306 I.P.C., Police Station Sector-39, District Gautam Buddh Nagar, during the pendency of trial.
PROSECUTION STORY:
4. The applicant is stated to have called the informant and stated that his daughter is dead in his house, as such, the informant rushed all the way from Aligarh to Noida.
5. The FIR was instituted by the informant with the allegations that the deceased person was pregnant at that time and she had got her fetus aborted at the behest of the applicant.
6. There are other allegations against the a
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
Bail is a rule and imprisonment is an exception; the prosecution must prove its case beyond a reasonable doubt for bail denial.
To establish abetment of suicide under Section 306 IPC, clear evidence of instigation or encouragement by the accused is required, which was absent in this case.
Point of law : The expression “abetment” has been defined under Section 107 IPC which we have already extracted above. A person is said to abet the commission of suicide when a person instigates any ....
Bail is a rule and imprisonment is an exception; presumption of innocence must be upheld unless proven guilty.
powers of the Court while considering bail application as “we are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual ....
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.
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