Girl Dies By Suicide After Her Objectionable Snaps Posted On Social Media: Allahabad High Court Denies Bail To Accused

The Bench of Justice Rahul Chaturvedi disposed of the regular bail application of the Accused (in jail since 08^th July 2020) in connection with Case Crime No. 169 of 2020 U/s 306, 504, 507 I.P.C. Police Station Kydganj, Prayagraj.

Background

As per the F.I.R. (registered on 04^th July 2020), the informant is mother of the deceased and it was stated by her that the accused, for the last 15 days was constantly calling upon her on mobile and hurling filthy abuses and extending all sorts of threats to her.

Allegedly, the applicant also posted objectionable pictures with her minor daughter and floated them on Social media, Instragram etc. and abusive messages just to insult and disgrace her minor daughter.

It was also stated by the Informant, that her daughter was facing all sorts of canards floated by the applicant and resultantly she had undergone deep depression and eventually, she hanged herself by neck and took her last breath on 06.07.2020 in a local private hospital.

Arguments put forth

The counsel for the informant and A.G.A. submitted that the applicant-accused was, for last few years or so, teasing Informant's daughter against her wish and he used to extend threats to her.

It was contended that in order to save the honour and dignity of her daughter, the mother (informant) settled her (daughter's) marriage with one Chhotu, who too was minor at that time. It was also decided that soon after they become major, formal marriage would be solemnized.

Allegedly, when this news reached the applicant-accused, he got infuriated and revengeful and thereafter, he contacted Chhotu on phone, disclosed his so-called relationship with deceased and threatened him of dire-consequences.

It was also put forth that immediately before she died by suicide, she was constantly being blackmailed by the Accused that he would make the "so-called" relationship public and defame her.

Due to this, the girl was under deep-depression and on 04^th July 2020, she hanged herself by neck. She was admitted in local private hospital; however, on 06^th July 2020 she died.

Court's Observations

The Court, in its order, observed,

"It is possible that, he (accused-applicant) might have taken some snaps of the deceased girl and thereafter started twisting her arm and the girl might be dancing on the tune of applicant."

The Court also remarked that No self-styled 'lover' would defame her 'beloved' publicly on Social-media.

The Court further said,

"She is helpless girl, who is in her minority, lost her father and the applicant, who is in the distinct relationship, has exploited this adverse situation for his benefit and when failed in his nefarious objective, then defamed her in public, abused her mother, got her marriage annulled, before it could be solemnized. He has created all sorts of hurdles in the life of deceased. Left with no other option, she has committed suicide during her minority."

Legal analysis

Since the applicant-accused argued before the Court that he was innocent and the deceased was hypersensitive girl, who took this extreme step without any abetment, the Court remarked that for the purposes of "abetment", it involves a mental process of instigating a person in doing something.

Citing the rulings of the Apex Court, the Court noted that where the accused by his acts or by continued course of conduct creates such circumstance that the deceased left with no other option except to commit suicide, instigation may be inferred.

In other words, the Court said, in order to establish that accused abetted commission of suicide by a person, it has to be established that:-

1. The accused kept on irritating or annoying the deceased by words, deeds, wilful omission or conduct until the deceased reacted or pushed or forced to take the extreme step.
2. The accused had the intention to provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above.

Further, assessing the facts of the instant case with the above parameters, posting the pictures, photos of the deceased girl on Social-media, Instagram by the present accused within few days before her death, who was going to marry with another boy, the Court said,

"The girl is in her minority, having no father; the accused/applicant has virtually makes her naked among her family and social circle where she was left with no other option but to commit suicide by hanging herself."

After evaluating all these factors, facts and circumstances of the case, the present bail of applicant was rejected.

Case title - Kunal v. State of U.P [Criminal Misc. Bail Application No.-39864 of 2020]

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