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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 :
1. List has been revised.
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.
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.
6. There are other allegations against the applicant of having asked the deceased person to sell her house and they both shall buy a property in their joint names. The applicant used to even ask the deceased to sell her car. There are allegations that the applicant used to misbehave with the deceased person and even used to beat her up.
ARGUMENTS ON BEHALF OF APPLICANT:
9. Initially, the FIR was instituted under Sections 302, 323, 313 and 376 I.P.C., but subsequently after thorough investigation, the final report (ch
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.
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
Service Matter - Minor Punishment - Appeal - As per Rules of 1991 a delinquent employee who is awarded minor punishments of censure entries under Rule 4 (b) can file an appeal under Rule 20 of Rules ....
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