Mukesh Lodhi v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application regarding FIR under Sections 306, 201 IPC. Court found no substance against applicant for Section 306 IPC. Application allowed with bonds and conditions.
What did the court decide?
Applicant released on bail on personal bond and two sureties.
What the court decided
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11038 of 2021
Applicant :- Mukesh Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Singh,Ajay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
- No one appears on behalf of the accused-applicant to prosecute the case. However, learned A.G.A. for the State is present.
2. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.102 of 2021, under Sections 306, 201 IPC, Police Station Itaunja, District Lucknow.
3. Daughter of the accused-applicant allegedly committed suicide. It is alleged that the deceased was having love relation with Jitendra Rajpoot of the same village. Parents of both children tried to reason them but on 01.03.2021 the deceased reached the house of Jiterndra Rajpoot and said that she would live with him only. Father of the deceased was informed. The father came with other family members and took her away. The deceased on the same day committed suicide. After she committed suicide her body was disposed of. The complainant in this case is father of Jitendra Rajpoot. The accused-applicant has been in jail since 23.04.2021. Ingredients of Section 306 IPC are not present but ingredients of Section 201 IPC are present in the case. it is but natural for the father to scold his child if he finds the child doing some wrong. The act of the father in the present case is natural one and this Court does not find that there is much substance against the accused-applicant for offence under Section 306 IPC.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the charge of culpable homicide arising from the suicide of his daughter.
Whether ingredients of Section 306 IPC are present in the present case.
Parties & counsel
- applicant
Mukesh Lodhi
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- /11038/2021
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