Scolding Can’t Be Categorised As Instigation Or Abetment To Commit Suicide: Allahabad High Court Grants Bail To SP MLA Jahid Baig In Maid's Suicide Case
The Allahabad High Court emarked that prima facie, there was nothing to suggest that the Applicant instigated, conspired or aided in the commission of suicide by the deceased.
Justice Sanjay Kumar Singh, Allahabad High Court
Jahid Baig alias Jahid Jamal Beg, a sitting MLA from Bhadohi constituency, has been granted bail by the Allahabad High Court in connection with a Case under Section 108 of the BNS.
The Court stated that scolding cannot be categorised as instigation or abetment to commit suicide. The FIR stated that on September 9, 2024, a teenager (deceased), who was working as a maid in the house of the Applicant, was found dead under suspicious circumstances. Another girl. The Court remarked that prima facie, there was nothing to suggest that the Applicant instigated, conspired or aided in the commission of suicide by the deceased.
A Single Bench of Justice Sanjay Kumar Singh held, “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.”
Senior Advocate Gopal Swaroop Chaturvedi appeared for the Applicant, while Additional Government Advocate Rupak Chaubey represented the Respondent.
Brief Facts
As per the Prosecution, the statements recorded from the deceased’s family members revealed that she was sometimes scolded for work. The other domestic help stated that the deceased had asked her 2-3 days prior to the incident to run away from the house as she was bored of the domestic work.
The deceased’s father stated that she had been living and working in the house of Jahid Baig and Seema Beg for about nine years. It was confirmed that the deceased was also made to work as a child labour.
Preliminary investigation suggested that the deceased, fed up with the working condition, committed suicide by hanging herself with her dupatta from a hook in the store room on the third floor of the Applicant's house.
Court’s Reasoning
The High Court noted, “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.”
The Bench further remarked, “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.”
Consequently, the Court ordered, “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.”
Accordingly, the High Court allowed the Bail Application.
Cause Title: Jahid Baig alias Jahid Jamal Beg v. State of U.P. (Neutral Citation: 2025:AHC:94828)
Appearance:
Applicant: Senior Advocate Gopal Swaroop Chaturvedi; Advocate Zeeshan Mazhar
Respondent: Additional Government Advocates Rupak Chaubey and Deepak Mishra