# Jahid Baig @ Jahid Jamal Beg v. State of U.P

- **Citation:** (2025) 5 ILRA 1907
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-05-28
- **Case number:** Criminal Misc. Bail Application No. 13376 of 2025
- **Bench:** Sanjay Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/jahid-baig-jahid-jamal-beg-v-state-of-u-p-53379
- **Pages:** 10

## Headnote

Criminal Law - Bhartiya Nyaya Sanhita,
2023 (Corresponding to Section 306 IPC),
Section 108 - Abetment of suicide -
Ingredients
-
Maid
found
dead
in
employer's house - Allegation of suicide
due to harassment at workplace - No
suicide note - No evidence of instigation,
conspiracy, or aiding the act - Statements
of co-worker and parents of deceased
silent on abetment - Delay of five days in
lodging FIR - Deceased's last calls with
third person (boyfriend) indicate private
cause - Mens rea absent - Prima facie
case not made out - Bail granted. (Paras
7.1-7.4, 9.1, 9.3, 11.9-11.15)

HELD:
In order to bring a case within the purview of
Section 108 BNS, 2023 (corresponding Section
306 IPC), there must be case of suicide and in
the commission of the said offence, the
person who is said to have abetted the
commission of suicide must have played an
active role by an act of instigation or by doing
certain act to facilitate the commission of
suicide. (Para 7.1)

To satisfy the requirement of "instigation",
though it is not necessary that actual words
must be used to that effect or what constitutes
"instigation" must necessarily and specifically be
suggestive
of
the
consequence.
Yet
a
reasonable certainty to incite the consequence
must be capable of being spelt out. Where the
accused had, by his acts or omission or by a
continued course of conduct, created such
circumstances that the deceased was left with
no other option except to commit suicide, in
which case, an "instigation" may have to be
inferred. (Para 7.2)

-In the light of above mentioned settled law, in
case of suicide, a person is liable for abetment if
the person has inter alia instigated the deceased
for committing suicide or has engaged in any
conspiracy
for
committing
suicide
or
intentionally aided the commission of suicide.
(Para 7.4)

Application allowed. (E-14)

List of Cases cited:

## Text

5 All. Jahid Beg @ Jahid Jamal Beg Vs. State of U.P.
1907
र्जािा है। अतभयुक्त न्द्यातयक अतभरक्षा में है, यतद वह तकसी अन्द्य
मामले में वाांतिि न हो िो अतवलम्ब ररहा तकया र्जाए। िारा 437ए दां०प्र०सां० का अनुपालन सुतनतश्चि तकया र्जाए।

पत्रावली मय अपीलीय आदेश/तनणथय अवर न्द्यायालय को
अतवलम्ब आवश्कयक कायथवाही हेिु प्रेतषि की र्जाए।
----------
(2025) 5 ILRA 1907
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 28.05.2025

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. Bail Application No. 13376 of
2025

Jahid Baig @ Jahid Jamal Beg ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sr. Advocate, Zeeshan Mazhar

Counsel for the Opposite Party:
G.A.

Criminal Law - Bhartiya Nyaya Sanhita,
2023 (Corresponding to Section 306 IPC),
Section 108 - Abetment of suicide -
Ingredients
-
Maid
found
dead
in
employer's house - Allegation of suicide
due to harassment at workplace - No
suicide note - No evidence of instigation,
conspiracy, or aiding the act - Statements
of co-worker and parents of deceased
silent on abetment - Delay of five days in
lodging FIR - Deceased's last calls with
third person (boyfriend) indicate private
cause - Mens rea absent - Prima facie
case not made out - Bail granted. (Paras
7.1-7.4, 9.1, 9.3, 11.9-11.15)

HELD:
In order to bring a case within the purview of
Section 108 BNS, 2023 (corresponding Section
306 IPC), there must be case of suicide and in
the commission of the said offence, the
person who is said to have abetted the
commission of suicide must have played an
active role by an act of instigation or by doing
certain act to facilitate the commission of
suicide. (Para 7.1)

To satisfy the requirement of "instigation",
though it is not necessary that actual words
must be used to that effect or what constitutes
"instigation" must necessarily and specifically be
suggestive
of
the
consequence.
Yet
a
reasonable certainty to incite the consequence
must be capable of being spelt out. Where the
accused had, by his acts or omission or by a
continued course of conduct, created such
circumstances that the deceased was left with
no other option except to commit suicide, in
which case, an "instigation" may have to be
inferred. (Para 7.2)

-In the light of above mentioned settled law, in
case of suicide, a person is liable for abetment if
the person has inter alia instigated the deceased
for committing suicide or has engaged in any
conspiracy
for
committing
suicide
or
intentionally aided the commission of suicide.
(Para 7.4)

Application allowed. (E-14)

List of Cases cited:

1. Mohit Singhal & anr. Vs The St. of
Uttarakhand & ors., (2024) 1 SCC 417

2. Jayedeepsinh Pravinsinh Chavda & ors. Vs St.
of Guj., (2025) 2 SCC 116

3. Ayyub & ors. Vs St. of U.P. & anr., 2025
Supreme (SC) 289

4. Ramesh Kumar Vs St. of Cg., (2001) 9 SCC
618

5. Rajesh Vs St. of Har. (2020) 15 SCC 359

6. Kamaruddin Dastagir Sanadi Vs St. of Kar.
(2024) SCC Online SC 3541

7. Patel Babubhai Manohardas & ors. Vs The St.
of Guj., 2025 Live Law (SC)288
1908 INDIAN LAW REPORTS ALLAHABAD SERIES
8. Thangavel Vs St. through Inspector of Police
& anr., 2025 Live Law (SC) 659

(Delivered by Hon'ble Sanjay Kumar
Singh, J.)

1-By means of this application, the
applicant-Jahid Baig alias Jahid Jamal Beg,
who is involved in Case Crime No. 188 of
2024, under Section 108 of BNS, Police
Station Bhadohi, District Bhadohi, seeks
enlargement on bail during the pendency of
trial.

2-Heard
Mr.
Gopal
Swaroop
Chaturvedi,
learned
Senior
Counsel
assisted by Mr. Zeeshan Mazhar, learned
counsel for the applicant and Mr. Rupak
Chaubey, learned A.G.A. 1st, assisted by
Mr. Deepak Mishra, learned Additional
Government Advocate representing the
State.

3-As per prosecution case in brief, Sub
Inspector Har Datt Pandey got a first
information report lodged on 14.9.2024
under Section 108 of BNS, 2023 against
Jahid
Baig
alias
Jahid
Jamal
Beg
(applicant) and Smt. Seema Beg stating
inter alia that:-

3.1-On 09.09.2024 at the resident of
Jahid Baig alias Jahid Jamal Beg and Smt.
Seema Beg, a teenager Nazia D/o Imran, who
was working in the house of the applicant as
maid, was found dead under suspicious
circumstances and another girl Moni alias Sania
was also working as a domestic maid. District
Magistrate, Bhadohi taking cognizance of the
said
fact,
directed
the
Child
Welfare
Committee, District Probation Officer, Labour
Enforcement Officer and police officers to take
necessary action in the matter.

3.2-Accordingly, a joint team
reached the residence of the applicant on
10.9.2024 at 6:00 P.M. and conducted spot
inspection, where Moni alias Sania aged
about 15 years was found present and
working there. She was rescued from the
workplace
after
interrogation
by
the
investigating team and she was presented
before the Child Welfare Committee
Bhadohi. Thereafter as per order of the
Chairman, Child Welfare Committee, Moni
alias Sania was sent to Government
Children Home.

3.3-In relation to Nazia, who was
found dead at the house of the applicant in
the night intervening 8/9.9.2024, Nazia's
family members, her father Imran, Moni's
cousin Zubair were questioned and their
statements were recorded. According to
which following facts were revealed:

i- Nazia lived there with Moni
and worked as domestic maid. Moni alias
Sania told that both of them were
sometimes scolded for the work and she
(Moni) had to face beatings. Nazia also
worked as domestic maid at the house of
Jahid Baig alias Jahid Jamal Beg and Smt.
Seema Beg. Nazia used to cook food in
addition to household chores. As per
disclosure made by Moni, Nazia had asked
her (Moni) 2-3 days prior to the incident to
run away from the house as she was bored
of the domestic work of Mr. Jahid Baig
alias Jahid Jamal Beg but she (Moni)
refused.

ii-As per statement given by
Nazia's father, Nazia had been living and
working in the house of Jahid Baig alias
Jahid Jamal Beg and Seema Beg for about
nine years and she used to get Rs. 1000/-
per month as remuneration, which Nazia's
mother Noor Jahan used to take. Nazia was
found dead at the house of Jahid Baig alias
Jahid Jamal Beg and Seema Beg in the
night intervening 8/9.9.2024. As such
keeping in view Nazia's age and her
working period of about 8-9 years, it is
5 All. Jahid Beg @ Jahid Jamal Beg Vs. State of U.P.
1909
confirmed that deceased Nazia was also
made to work as a child labour.

iii-In
the
preliminary
investigation it was found that Nazia was
fed up with the working condition,
therefore she committed suicide in the
night of 8/9.09.2024 by hanging herself
with the help of her dupatta from the hook
on the ceiling of the store room on the third
floor of Jahid Baig alias Jahid Jamal Beg's
house.

4-Main substratum of argument of
learned counsel for the applicant is that the
applicant is sitting MLA from Bhadohi
constituency,
district
Bhadohi.
The
deceased-Nazia and Moni were working at
the house of the applicant for the last 8-9
years. During this period Nazia came in
contact with one Abhishek Saroj, who lived
near the house of the applicant and their
acquaintance gradually turned into love
affair and she became very much friendly
with Abhishek Saroj and started talking
with him whenever she gets a chance. Prior
to the commission of suicide, the deceased
made several calls from Mobile No.
9696326994 to Abhishek Saroj on his
mobile
number
8004138470.
Much
emphasis has been given by contending
that mother of the deceased moved an
application under Section 173(4) of BNSS,
2023 dated 03.10.2024 making allegations
inter alia that on account of love affair,
Abhishek has made physical relation with her
daughter and also taken her inappropriate
photographs
and
thereby
he
started
blackmailing her, therefore, she committed
suicide. The said application was disposed of
vide order dated 14.10.2024 by the learned
Magistrate with the observation that since
with regard to said incident of suicide, F.I.R.
being Case Crime No. 188 of 2024 has
already been registered on 14.09.2024,
therefore, it would be appropriate to
investigate the facts mentioned in the
application under Section 173(4) BNSS
moved by the mother of the deceased in the
investigation of case Crime No. 188 of 2024.
Referring the statement of Moni alias Sania,
it is argued that she has stated inter alia that
since there was much work in the house of
accused Jahid Baig alias Jahid Jamal Beg,
therefore, sometime they scolded her and also
slapped her. She has also disclosed that 2-3
days prior to the occurrence, the deceased
told her to run away from there, but she
refused. The said evidence will not constitute
the ingredients of 'instigation' as defined
under Section 107 of the IPC. Referring the
statement of father of the deceased, he
submits that he did not make any allegation
of abetment against the applicant. Mother of
the deceased also did not make allegation of
instigation or abetment against the applicant.
It has been repeatedly submitted that the
investigating officer has not conducted
investigation in fair manner and due to
political reasons, in order to falsely implicate
the applicant and his family members took
out the wrong conclusion that deceasedNazia committed suicide on account of
instigation and abetment by the applicant and
co-accused. Lastly, it is submitted by the
learned counsel for the applicant that there is
no chance of the applicant of fleeing away
from the judicial process or tampering with
the prosecution evidence. The applicant is
languishing in jail since 19.09.2024 and in
case, he is released on bail, he will not
misuse the liberty of bail and cooperate with
the trial.

5-Learned counsel for the applicant in
support of his submissions placed reliance
on the following judgments:-

i-Mohit Singhal and another vs.
The State of Uttarakhand and Others,
(2024) 1 SCC 417.
1910 INDIAN LAW REPORTS ALLAHABAD SERIES

ii-Jayedeepsinh
Pravinsinh
Chavda and Others vs. State of Gujarat,
(2025) 2 SCC 116.

iii-Ayyub and others vs. State of
Uttar Pradesh and Another, 2025 Supreme
(SC) 289.

6-Per-contra,
learned
Additional
Government Advocate representing the
State opposed the prayer for bail of the
applicant by contending that:-

i-Moni alias Sania, who was also
working along with Nazia at the house of
the applicant, in her statement, has stated
inter-alia that there was a lot of work at the
house of MLA. So both of us used to get
scolded and some time even beaten. Twothree days prior to the incident, Nazia
(deceased) told her to run away from there,
but she refused to do so.

ii-Referring the statement of
Abhishek Saroj, it is further argued that
Abhishek was living near the applicant's
house, therefore he got acquainted with
Nazia and gradually they both became
friends and started talking whenever they
got chance. She used to call on his mobile
number from any number of MLA's house
and she used to tell about herself on the
phone. For the last few days, she used to
talk to him in a troubled state. On being
asked, she used to say that she has to do
more work than required. Her life has
become miserable due to behaviour of the
accused
persons.
In
the
night
of
08/09.09.2024 prior to the commission of
suicide, Nazia called him several times and
she seemed mentally very disturb and was
saying that since she cannot run away from
here, therefore she wants to end her life.

iii- The statement of Abhishek
Saroj is corroborated with the statement of
Moni and under the facts of the case
statement of Abhishek Saroj may be treated
as dying declaration of deceased-Nazia.

iv-So far as application under
Section
173(4)
BNSS
(corresponding
section 156(3) Cr.P.C.) dated 03.10.2024
moved by the mother of the deceased
against Abhishek Saroj is concerned, it is
submitted that when the investigating
officer came to know about the said
application and order passed thereon by the
Magistrate, he made efforts to contact the
father of the deceased, but his phone was
switched off. Then he contacted mother of
the deceased on her mobile number. When
asked about the application, she said that
she has not given any application before the
Court. When the investigating officer asked
for getting her statement recorded, she
refused.

v-Thereafter, second statements
of father and mother of the deceased were
recorded, in which they have stated that
they do not want to get their any other
statement recorded. However, they have
told that whatever application given to the
Court, they have not read the application
submitted in Court and had signed it on the
advise of lawyer. Referring the said
statement, it is argued that mother of the
deceased was not aware about the contents
of the application under Section 173(4)
BNSS, 2023.

vi-Though the deceased died in
the house of the applicant, but in the
inquest proceeding, neither the applicant
nor any member of his family was the
witness of the inquest.

v-Lastly, it is submitted that
considering the facts and circumstances of
the case, only conclusion can be drawn that
Nazia committed suicide on account of her
harassment by the accused persons, hence
bail application of the applicant is liable to
be rejected.
5 All. Jahid Beg @ Jahid Jamal Beg Vs. State of U.P.
1911

7-Here it would be apposite to
mention the well settled law/ingredients of
abetment to suicide, which are as under:-

7.1-In order to bring a case within
the purview of Section 108 BNS, 2023
(corresponding Section 306 IPC), there
must be a case of suicide and in the
commission of the said offence, the person
who is said to have abetted the commission
of suicide must have played an active role
by an act of instigation or by doing certain
act to facilitate the commission of suicide.

7.2-To satisfy the requirement of
"instigation", though it is not necessary that
actual words must be used to that effect or
what
constitutes
"instigation"
must
necessarily and specifically be suggestive of
the consequence. Yet a reasonable certainty
to incite the consequence must be capable of
being spelt out. Where the accused had, by
his acts or omission or by a continued course
of conduct, created such circumstances that
the deceased was left with no other option
except to commit suicide, in which case, an
"instigation" may have to be inferred.

7.3-In terms of Section 45 BNS,
2023 (corresponding Section 107 IPC), a
person abets the doing of a thing, who instigates
any person to do that thing or engages with one
or more persons in any conspiracy for the doing
of that thing or intentionally aids, by any act or
illegal commission the doing of that thing.

7.4-In the light of above mentioned
settled law, in case of suicide, a person is liable
for abetment if the person has inter alia
instigated the deceased for committing suicide
or has engaged in any conspiracy for
committing suicide or intentionally aided the
commission of suicide.

8-Now it would be apposite to refer
judicial precedents relied upon on behalf of
the applicant, which are as under:

8.1-In
Mohit
Singhal
and
another Vs. The State of Uttrakhand and
others,
2024(1)
SCC
417,
Hon'ble
Supreme Court has held that act of
instigation must be of such intensity that it
is intended to push the deceased to such a
position under which he has no choice but
to commit suicide and such instigation
must be in close proximity to act of
committing suicide. The Court further held
thus:

"In the fact of the case, secondly
and thirdly in Section 107, will have no
application. Hence, the question is whether
the appellants instigated the deceased to
commit suicide. To attract the first clause,
there must be instigation in some form on
the part of the accused to cause the
deceased to commit suicide. Hence, the
accused must have mens-rea to instigate
the deceased to commit suicide. The act of
instigation must be of such intensity that it
is intended to push the deceased to such a
position under which he or she has no
choice but to commit suicide. Such
instigation must be in close proximity to the
act of committing suicide."

8.2-The
Hon'ble
Supreme
Court
in
Jayedeepsinh
Pravinsinh
Chavda and others Vs. State of Gujarat,
2025(2) SCC 116 has held that 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 decision 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
circumstances person to commit suicide, it
1912 INDIAN LAW REPORTS ALLAHABAD SERIES
may not be safe to hold the accused guilty
of abetment of suicide.

8.3-In Ayyub and others Vs.
State of Uttar Pradesh and another, 2025
Supreme (SC) 289, Hon'ble Supreme
Court after considering a catena of
judgements, has held that by a long line of
judgements, this Court has reiterated that in
order to make out an offence under Section
306 IPC, specific abetment as contemplated
by Section 107 IPC on the part of the
accused with an intention to bring about the
suicide of the person concerned as a result
of that abetment is required. It has been
further held that the intention of the
accused to aid or instigate or to abet the
deceased to commit suicide is a must for
attracting section 306 IPC. Further, the
alleged harassment meted out should have
left the victim with no other alternative but
to put an end to her life and that in cases of
abetment of suicide there must be proof of
direct or indirect acts of incitement to
commitment suicide.

9-In addition to above judgments, it is
also relevant to refer some other judgments
on the issue, which are as under:-

9.1-In Ramesh Kumar Vs. State
of Chhattisgarh, (2001) 9 SCC 618, the
Hon'ble Apex Court held that to 'instigate'
means to goad, urge, provoke, incite or
encourage to do 'an act'. To satisfy the
requirement of 'instigation', it is not
necessary that actual words must be used to
that effect or that the words or act should
necessarily and specifically be suggestive
of the consequence. Where the accused by
his act or omission or by his continued
course of conduct creates a situation that
the deceased is left with no other option
except to commit suicide, then 'instigation'
may be inferred. A word uttered in a fit of
anger or emotion without intending the
consequences to actually follow cannot be
said to be 'instigation'.

9.2-The Hon'ble Supreme Court
in A.P. Vs. M. Madhusudhan Rao, (2008)
15 SCC 582 held that not every kind of
harassment would amount to 'cruelty'
within the meaning of the provision, to
constitute the offence punishable therein.
Every case has to be analysed on its
individual facts to assess whether the act of
the accused persons constitutes cruelty.
Further, cruelty can either be mental or
physical, and it is to be seen on the facts of
each ease.

9.3-
After
considering
the
provisions of Section 306 and 107 of IPC,
the Hon'ble Apex Court in the case of
Rajesh versus State of Haryana (2020) 15
SCC 359 held that conviction under
Section 306 IPC is not sustainable on the
allegation of harassment without there
being any positive action proximate to the
time of occurrence on the part of the
accused which led or compelled the person
to commit suicide.

9.4-Again, the Hon'ble Apex
Court in the case of Kamaruddin Dastagir
Sanadi Vs. State of Karnataka (2024)
SCC Online SC 3541, observed that
discord and differences in domestic life are
quite common in society. Commission of
suicide largely depends upon the mental
state of the victim. Until and unless some
guilty intention on the part of the accused is
established, it is ordinarily not possible to
convict the accused for an offence under
Section 306 IPC.

9.5- Hon'ble Supreme Court in
Patel Babubhai Manohardas and others
Vs. The State of Gujarat, 2025 Live Law
(SC)288, after considering a catena of
judgement on the subject, has held that
mere harassment or blackmail, without
direct
incitement
or
proximate
acts
5 All. Jahid Beg @ Jahid Jamal Beg Vs. State of U.P.
1913
compelling suicide, is insufficient to
sustain conviction under Section 306 IPC."

9.6- In a very recent judgement in
Thangavel Vs. State through Inspector
of Police and another, 2025 Live Law
(SC) 659, Hon'ble Supreme Court while
discharging the accused under section 306
IPC, has held thus:

"No normal person could have
imagined that a scolding , that too based on
a complaint by a student, would result in
such tragedy due to the student so scolded
taking his own life. Further, as submitted,
such
scolding
was
the
least,
a
correspondent was required to do , to
ensure that the complaint made against the
deceased by another student was taken note
of and remedial measures effected. In the
considered opinion of this Court under
such admitted factual position, no mens rea
can be attributed to the appellant much
less, with regard to abetment of suicide
committed by the deceased."

9.7- As such it is clear that no
straitjacket formula can be laid down to
find out as to whether in a particular case
there has been instigation which forced the
person to commit suicide. Therefore, in
such a case, an inference has to be drawn
from the circumstances and it is to be
determined whether circumstances had
been such which, in fact, had created the
situation that a person felt totally frustrated
and committed suicide.

10-Having heard learned counsel for
the parties and examined the record in its
entirety as well as surveyed the relevant
legal provisions and the case laws on the
subject as noted above, this Court is of the
view that every case turns on its own facts.
Even one additional or different fact may
make a big difference between the
conclusion in two cases, because even a
single significant detail may alter the entire
aspect.

11-In the present case, I find that:-

11.1-After the incident of suicide
committed by Nazia in the intervening
night of 8/9.09.2024, Seema Beg, wife of
applicant immediately gave information to
the deceased's grand-mother. Thereafter
deceased's father-Imran Sheikh informed
the police on 09.09.2024 at about 1:17 PM.

11.2-There is no suicide note of
the deceased.

11.3-Inquest proceeding of the
deceased was conducted on 09.09.2024 at
about 1:30 PM and as per opinion of the
appointed Panch witnesses, the deceased
died by committing suicide. The family
members of the deceased were present at
that time, but they did not make any
allegation against the applicant or his
family members.

11.4-The post mortem of the
deceased was conducted on 09.09.2024 at
about 4.45 PM in which hyoid bone of the
deceased was found intact and following
four injuries were found on the body of the
deceased:

i. Ligature mark obliquely placed
of size 23.5 cm x 2.3 cm in front of neck
passing through above thyroid cartilage up
to right mastoid process with the gap of 5.0
cm in back of neck. The distance from left
mastoid process is 3.4 cm while the
distance from mid of chin is 3.8 cm.

ii. The colour of ligature mark is
brownish and abraded.

iii. Abrasion of size 0.5 cm x 0.5
cm over lateral aspect of left thumb.

iv. Dry blood single streak
present over lower portion of labia majora
and medial aspect right thigh and no fresh
injury seen over labia majora, labia minora
clitoris and Perineum.
1914 INDIAN LAW REPORTS ALLAHABAD SERIES

11.5-In the opinion of the doctor,
the cause of death was found asphyxia due
to ante mortem hanging. Probable time
since death was assessed by the doctor
within 12 to 24 hours.

11.6-The situation of genital
organs of the deceased was found non
Gravid Uterus & Introitus is spacious,
hence taking into consideration the injury
no. 4 and situation of genital organs of the
deceased as noted above, the allegations
made by mother of the deceased against
Abhishek Saroj in her application under
Section 173(4) BNSS, 2023 that frustrated
by
Abhishek
Saroj's
harassment,
blackmailing and pressure to have physical
relation, her daughter Nazia committed
suicide, gets support and corroboration.

11.7-The spot inspection was
done on 10.09.2024 by the team of officers,
but no effort was made to lodge the first
information report immediately thereafter.

11.8-F.I.R. was lodged after a
delay of 5 days on 14.09.2024 at about
14:05 hours. Learned State counsel could
not give any plausible explanation of such
delay in lodging the F.I.R.

11.9-When family members of
the deceased came to know about the cause
of suicide committed by the deceasedNazia, her mother moved an application
under Section 173(4) BNSS on 03.10.2024
seeking directions to lodge FIR against
Abhishekh. Since FIR of this case was
already registered on 14.09.2024, therefore,
the Magistrate did not pass any order and
dispose it of with a direction to the
investigating officer to investigate the
contents
of
the
application
during
investigation
of
this
case,
but
the
investigating officer did not take pain to
investigate the allegations levelled by the
mother of the deceased in her application
dated 03.10.2024.

11.10-During investigation, CDR
of mobile no. 9696326994 was also
collected, from which Nazia used to talk
Abhishek Saroj. From the CDR of mobile
used by Nazia and Abhishek, it was found
that soon before committing suicide, she
made several call to Abhishek Saroj.
Details are as under:-

Mobile
No.
of
caller
(deceasedNazia)
Mobile
No.
of
call
receiver
(Abhishek
Saroj)

Date Call
Time &
Duration
9696326994
8004138470
8.9.24
18:15:08
O'clock(9
seconds)

21:47:50
O'clock
(1940
seconds)

22:21:32
O'clock

(35 seconds)

22:34:39
O'clock

(1477
seconds)

23:58:04
O'clock

(3827
seconds)

9.9.24
01:05:07
O'clock
(2748
seconds)

02:14:17
O'clock
(33
seconds0

02:15:02
O'clock
(120
seconds)

02:18:29
O'clock
(174
seconds)

02:31:36
O'clock
(11 seconds)

02:22:23
O'clock
5 All. Jahid Beg @ Jahid Jamal Beg Vs. State of U.P.
1915
(159
seconds)

02:25:22
O'clock
(147
seconds)

11.11-Above
mentioned
call
details
also
indicate
that
deceased
committed suicide after having telephonic
conversation with Abhishek Saroj, hence
possibility of involvement of Abhishek
Saroj behind commission of suicide by the
deceased cannot be ruled out.

11.12-The mobile phone, which
was being used by the deceased was found
registered in the name of Mohammad Kaif,
but the same was being used by one
Ayesha,
whereas
the
mobile
no.
8004138470, which was being used by
Abhishek was registered in the name of
Manju Devi, but it is admitted fact that the
investigating officer did not record the
statement of Mohammad Kaif, Ayesha and
Manju Devi.

11.13-As per statement of Moni
with whom deceased-Nazia was working in
the house of the applicant, that sometimes
applicant scolded the deceased for work.
Even assuming the same as correct at this
stage, the same cannot be categorised as
instigation or abetment to commit suicide.

11.14- Prima Facie, there is
nothing to suggest that the accusedapplicant instigated, conspired or aided in
commission of suicide by the deceased.

11.15-There
is
no
allegation
against the applicant that he exhorted the
deceased to commit suicide.

11.6-The father and mother in
their statements did not blame the applicant
for
the
suicide
committed
by
their
daughter-Nazia, who was aged about 18
years.

11.17- Investigation has been
completed and charge sheet has been
submitted against the applicant and other
co-accused namely Seema Beg and Jaeem
@ Saifi, hence there is no chance of
tampering with the evidence.

12-In view of the above discussion,
considering the facts and circumstances of
the case as well as keeping in view the
nature of the offence, evidence, complicity
of the accused and submissions and
judgment relied upon by the learned
counsel for the parties and the fact that
there is no possibility of absconding of the
applicant from judicial proceeding, this
Court is of the view that the applicant has
made out a case for bail. Hence, bail
application of the applicant is allowed.

13-Let the applicant-Jahid Baig Alias
Jahid Jamal Beg, be released on bail in the
aforesaid case crime number on furnishing
a personal bond and two sureties each in
the like amount to the satisfaction of the
court
concerned
with
the
following
conditions:

(i) That the applicant shall
cooperate with the expeditious disposal of
the trial and shall regularly attend the court
unless inevitable.

(ii) That the applicant shall not
directly or indirectly make any inducement,
threat or promise to any person acquainted
with the facts of the case so as to dissuade
him from disclosing such facts to the court
or tamper with the evidence.

(iii) That after his release, the
applicant shall not involve in any criminal
activity.

(iv) The applicant shall not leave
the country during his trial.

(v) The identity, status and
residential proof of sureties will be verified
by court concerned before the release of the
applicant on bail.
1916 INDIAN LAW REPORTS ALLAHABAD SERIES

14-It
is
made
clear
that
the
observations contained in the instant order
are confined to the issue of bail only and
shall not be construed to have any
expression on the merit of the case.
----------
(2025) 5 ILRA 1916
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.05.2025

BEFORE

THE HON'BLE MRS. MANJU RANI
CHAUHAN, J.

Application U/S 528 BNSS No. 41554 of 2024

Virendra Singh & Ors. ...Applicants
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicants:
Manoj Kumar Singh, Sr. Advocate

Counsel for the Opposite Parties:
Imran Ullah, Vineet Vikram, G.A. , Ishir
Sripat

Criminal
Law
-
Bhartiya
Nagarik
Suraksha Sanhita, 2023 (corresponding
to
Section
482
Cr.P.C.)
-
Dowry
Prohibition Act, 1961, Sections 3 & 4 -
Indian Penal Code, 1860, Sections 498A, 323 & 307 - Matrimonial dispute -
Quashing of proceedings - Allegations
against husband's family members -
General and omnibus allegations
-
Vague accusation of dowry demand and
cruelty
without
specific
acts
-
Contradictions between FIR and witness
statements - No injury or medical
corroboration for attempt to murder
charge
-
Frequent
change
of
Investigating Officers and procedural
irregularities
-
Held,
criminal
prosecution of father-in-law, mother-inlaw, and married sister-in-law on such
omnibus allegations amounts to abuse
of process - Case falls under categories
(1), (5) and (7) of State of Haryana v.
Bhajan
Lal-
Proceedings
quashed.
(Paras 24, 25, 26, 34, 45, 48, 50 and 61)

HELD:

The Apex Court in a plethora of judgements has
underscored that in matrimonial disputes,
criminal proceedings against the husband's
relatives can be quashed where the allegations
are vague, omnibus, or lacking in specificity.
This judicial stance seeks to prevent the misuse
of penal provisions particularly Section 498A
IPC, which addresses cruelty by a husband or
his relatives. However, the Court has mandated
that allegations against each co-accused must
be clear, detailed, and supported by cogent
facts.
Generic
accusations
cannot
sustain
criminal liability. (para 24)

The Apex Court, in numerous judgements has
considered the ingredients of Section 307 IPC,
which prescribes punishment for acts done with
the intention or knowledge that, if death had
occurred, the offence would amount to murder.
(Para 26)

Upon examining the facts of the present case, it
is evident that there are inconsistencies and
deviations in the version stated in the FIR, and
lacking overall clarity. The allegations levelled
against the husband's family members, i.e., the
father-in-law, mother-in-law, and sister-in-law,
appear to be unsubstantiated. This Court is of
the considered view that, at most, it is the
husband who may be held accountable for the
alleged offences. However, the involvement of
his family members does not seem to be
supported by credible evidence. It appears that
they have been unnecessarily implicated in this
matter with the apparent intent to exert
pressure on the husband, who is currently
residing outside India as a Canadian citizen.
(Para 45)

In the present case, it appears to be a case of
over-implication, wherein the entire family of
the accused has been unnecessarily roped in,
possibly with the intention of settling personal
scores or due to other ulterior motives. Keeping
in view the observations made by the Supreme
Court in similar matters, it becomes evident that