The judgment concerns a bail application in the case of
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. 386 of 2026 before the High Court of Judicature at Allahabad, Lucknow Bench, decided by Hon’ble Justice Manish Kumar.
Facts of the Case
An FIR was lodged under Sections 306, 504, and 506 IPC alleging that the informant’s daughter was in a relationship with the applicant. It was alleged that the applicant had promised to marry her, but later refused, after which the girl committed suicide on 18/19.05.2024.
Applicant’s Arguments
The applicant argued that:
- The FIR was lodged after an unexplained delay of six days.
- This was merely a “broken relationship” case and not abetment to suicide under Section 306 IPC.
- There was no evidence showing intentional instigation, aid, or provocation for suicide.
- Reliance was placed on Supreme Court judgments including:
- Kamaruddin Dasagir Sanadi Vs. State of Karnataka
- Gurucharan Singh vs. State of Punjab
- Geo Varghese Vs. State of Rajasthan
These judgments held that mere harassment or refusal to marry does not automatically amount to abetment of suicide unless there is direct or indirect incitement.
Court’s Findings
The Court observed that:
- Prima facie, ingredients of abetment under Section 306 IPC were not made out.
- There was no material showing intentional aid or instigation to commit suicide.
- The matter appeared to be a “simple case of broken relationship.”
- The FIR was delayed by six days without explanation.
The Court also relied upon:
- Bhadresh Bipinbhai Sheth Vs. State of Gujarat regarding anticipatory bail principles.
- Joginder Kumar v. State of Uttar Pradesh emphasizing protection of personal liberty and caution against unnecessary arrests.
Final Order
The Court granted ad-interim anticipatory bail to the applicant till further orders.
Conditions imposed included:
- Cooperation with investigation.
- No threat or inducement to witnesses.
- Not leaving India without Court permission.
The applicant was directed to furnish:
- Personal bond of ₹50,000
- Two sureties of the like amount.
The matter was directed to be listed again in the week commencing 20.07.2026.
Find judgement
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 386 of 2026
Aashif Khan Vs. State of UP & Ors
https://t.me/sajjadhusainlaw/342
https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13427295
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