Vikash vs State Of Rajasthan
2023 Latest Caselaw 5498 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
   S.B. Criminal Miscellaneous Bail Application No. 5545/2023

Vikash S/o Shishpal, Aged About 22 Years, Dhani Khet Khud
Rohi, Gadhiichhani, Teh. Bhadra, Dist. Hanumangarh.
(At Present Lodged In Sub Jail Bhadra, Dist. Hanumangarh).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)         :    Mr.R.S.Choudhary.
For Respondent(s)         :    Mr.Arjun Kumar, P.P.
For Complainant           :    Mr.Manjeet.



          HON'BLE MR. JUSTICE KULDEEP MATHUR

                                   ORDER

02/08/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

FIR No.336/2022 registered at Police Station Bhirani, District

Hanumangarh, for offences under Sections 302, 306 and 34 IPC. Learned counsel submitted that as per prosecution, on

29.10.2022, deceased Rajkumar committed suicide by consuming

poison. Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that the allegations against the petitioner along

with co-accused persons is of beating and mentally torturing the

deceased. Learned counsel submitted that there is no evidence to

show that the petitioner by any of his act instigated or abetted the

deceased to commit suicide. Learned counsel submitted that the

essential ingredients of the offence under Section 306 IPC i.e.

(2 of 3) [CRLMB-5545/2023]

abetment, intention of the accused to aid or instigate or abet the

deceased to commit suicide are not available in the present case

and therefore, the offence punishable under Section 306 IPC is not

made out against the present petitioner. Learned counsel

submitted that enmity between the parties or beating due to

previous animosity between the parties cannot be made a ground

to make a person accused for the offence under Section 306 IPC.

Reliance was placed on the judgment rendered by Hon'ble

Supreme Court in the case of M.Arjuna Vs. State, represented

by Inspector of Police reported in (2019)3 SCC 315.

Learned counsel submitted that the petitioner is in judicial

custody, challan has been filed and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

Having considered the rival submissions, facts and

circumstances of the case and having gone through the precedent

law cited at bar by learned counsel for the petitioner, this Court

prima facie finds that the essential ingredients of

instigation/abetment to commit suicide are not satisfied in the

present case. Thus, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioner on bail.

(3 of 3) [CRLMB-5545/2023]

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner- Vikash S/o

Shishpal shall be enlarged on bail in connection with FIR

No.336/2022 registered at Police Station Bhirani, District

Hanumangarh, provided he furnishes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the court concerned on all the dates of hearing as and when called

upon to so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.403

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