Pankaj v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of the applicant, who was in jail for abetment to suicide. The court noted the FIR delay and lack of positive evidence regarding complicity while citing constitutional safeguards.
What did the court decide?
Release on personal bond with two sureties upon normalization of court functioning, subject to strict conditions.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45189 of 2020
Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Chandra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Rajesh Chandra Gupta, learned counsel for the applicant; Shri Kaushal Pandey and Shri Anand Ji Misra, learned counsel for the complainant, learned A.G.A. and also perused the record.
The applicant is facing prosecution in Case Crime No. 890 of 2020, under Section 306 I.P.C., Police Station-Kankarkheda, District-Meerut and is in jail since 26.09.2020.
Submission made by the learned counsel for the applicant is that the F.I.R. came into existence after 15 days of the incidence. It is contended that no plausible reason has been given for delay in lodging the F.I.R. Moreover, the applicant is brother-in-law of the deceased. The allegation made in the F.I.R. is that the applicant along with his sister Anjali, who happens to be wife of deceased, were in habit of maltreating the deceased and they were insisting him to become their Ghar Jamai. Not only this the applicant got her sister aborted without any knowledge and information to the deceased. Keeping the excessive interference in the domestic affairs of the deceased and out of severe frustration he has hanged himself. Fact remains that there is no positive evidence of any abetment or goading on the part of the applicant. These small twist and turns may cause bumps in smooth life but are not sufficient to compel anyone to commit suicide.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case involving abetment to suicide under Section 306 I.P.C.
Parties & counsel
- applicant
Pankaj
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/45189/2020
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