Kunal v. State of U.P.
Case brief
What is this about?
This criminal bail application involved an accused charged with abetting suicide under Sections 306 and 107 IPC. The Court rejected the bail plea, inferring instigation based on the accused posting photos of the young girl and abusing her mother.
What did the court decide?
The bail application was rejected. Trial to proceed unaffected by observations in this order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No.-39864 of 2020
Applicant :- Kunal Opposite Party :- State of U.P. Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A., Raghav Ram
Hon'ble Rahul Chaturvedi,J.
Heard Shri Pandey Balkrishna, learned counsel for the applicant; Shri Raghav Ram, learned counsel for the informant, learned A.G.A. for the prosecution and perused the records of the case.
Powers of this Court U/s 439 Cr.P.C. has been invoked by the applicant KUNAL, who is in jail since 08.07.2020 in connection with Case Crime No. 169 of 2020 U/s 306, 504, 507 I.P.C. Police Station Kydganj, Prayagraj.
Learned Counsel for the applicant submits that the applicant has been falsely implicated in the present case by Ms. Mona Devi, mother of the deceased. F.I.R. came into existence on 04.07.2020 against sole named accused KUNAL. As per the text, the informant is mother of the deceased. The named accused, for the last 15 days is constantly calling upon her on mobile and hurling filthy abuses and extending all sorts of threats to her. Not only this, the applicant has posted objectionable pictures with her minor daughter and floated them on Social media, Instragram etc. and abusive messages just to insult and disgrace her minor daughter. Accused's call details
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in connection with charges of abetting suicide.
Whether accused persuaded or instigated the deceased girl to commit suicide by posting objectionable pictures and abusing her.
Whether the accused committed an offence under Sections 306 and 107 IPC by creating circumstances forcing the deceased to suicide.
Parties & counsel
- applicant
Kunal
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39864/2020
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