Manu v. State of U.P.
Case brief
What is this about?
In this criminal miscellaneous anticipatory bail application, the single judge dismissed the plea of the applicant, Manu, who faced Section 306 IPC charges alleging he provoked the deceased's suicide via harassment and blackmail.
What did the court decide?
The prayer for anticipatory bail was refused and the application was rejected in its entirety.
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.
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2926 of 2023 Applicant :- Manu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
This application has been moved on behalf of the applicant Manu seeking anticipatory bail in Case Crime No.0352 of 2022, under Section 306 IPC, Police Station Dannahar, District Mainpuri.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. The investigation of the case is going on. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
Learned A.G.A. opposed the prayer for anticipatory bail.
It reveals from the perusal of the record that deceased is said to be the minor girl. It is alleged against the applicant that he often used to ring the deceased and she was very much depressed and annoyed with that and this fact finds support from the statement of Sarla Devi, mother of the deceased. C.D.R. has also been collected by the Investigating Officer during course of investigation and it is found that several times the applicant has tried to talk with the deceased on mobile. It appears from the perusal of the evidence collected during course of investigation, which is going on, that it was a case of blackmailing of the deceased by the applicant and that is why a provocation was made by the applicant which resulted into suicidal death of the deceased. In the post mortem report cause of death has been shown as asphyxia due to antemortem hanging.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in a case amounting to suicide provoked by the applicant.
Whether the nature of the offence and role of the applicant preclude the grant of anticipatory bail.
Parties & counsel
- applicant
Manu
- respondent
State of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- ABAIL/2926/2023
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