Criminal Misc. Application for anticipatory bail under S. 438 Cr.P.C. in a charge of abetment of suicide (S. 306 IPC). The High Court rejected the application, citing sufficient evidence of the applicant's continuous indecent and insulting behavior towards the deceased.
Prayer for anticipatory bail was refused and the application was rejected.
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.
Neutral Citation No. - 2023:AHC:184605
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9489 of 2023
Applicant :- Smt Khushi Opposite Party :- State of U.P. Counsel for Applicant :- Sujan Singh,Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A.,Rajat Agarwal,Virpratap Singh
Hon'ble Nalin Kumar Srivastava,J.
objectionable conduct of his own family members, which provoked him to commit suicide. It is further submitted that evidence collected during investigation so far affirms the version of the applicant. It is also submitted that there is no evidence on record that the deceased and the present applicant were having strained relations. It is also submitted that family of the deceased is having suicidal mentality and some time before the mother of the deceased had also committed suicide due to ill behavior of the informant, her husband. It is further submitted that the applicant is a lady and she has been cooperative with the I.O. of the case so far. She is having no criminal antecedents and as such she is entitled for anticipatory bail. It is lastly submitted that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.
"16.1. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of the accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within
the four corners of Section 306 IPC.................However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide."
9. The anticipatory bail application is rejected .
Order Date :- 22.9.2023//Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant charged with abetment of suicide under Section 306 IPC.
Whether the collected evidence regarding the applicant's conduct warrants anticipatory bail.
If the applicant's behavior constitutes abetment of suicide as per Supreme Court principles in Ude Singh.
Colour shows how this judgement treated each authority
Ude Singh Vs. State of HaryanaReferred¶13
(2019) 17 Supreme Court Cases 301
3 provisions across 3 enactments
Khushi
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
