Prahlad Ram vs State Of Rajasthan
2023 Latest Caselaw 5739 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5812/2023

Prahlad Ram S/o Bala Ram, Aged About 20 Years, B/c Bhil R/o Keetnod Presently R/o At Mela Maidan Siwana Ps Siwana Dist. Barmer Raj. (At Present Confined At Sub Divisional Jail Barmer)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. D.S. Udawat.

For Respondent(s) : Mr. Mohd. Javed Gouri, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/08/2023 This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.09/2023 registered at Police Station Siwana, District

Barmer, for offence under Section 306 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that as per prosecution, the petitioner called

the deceased Sewaram on his mobile phone and asked his wife to

make physical relations with him. As per prosecution, the

misdeeds and abusive behaviour of the petitioner compelled the

deceased to commit suicide by hanging himself. Learned counsel

for the petitioner submitted that there is no material available on

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record indicating that any act on the part of the petitioner,

instigated or aided in compelling the deceased to commit suicide.

Learned counsel submitted that since there is no evidence

available on record indicating that the petitioner is guilty of

abetment/instigation of the act of suicide, charge for offence

under Section 306 IPC cannot sustain against him.

Reliance was placed on the judgments rendered by Hon'ble

the Supreme Court of India in the cases of M. Arjuna vs. State

represented by its Inspector of Police reported in (2019) 3

SCC 315 and S.S. Cheena vs. Vijay Kumar Mahajan & Anr.

reported in (2010) 12 SCC 190.

Leaned counsel lastly submitted that the petitioner is in

judicial custody, challan has already been filed and the trial of the

case is likely to consume sufficiently long time. On these grounds,

he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that there is nothing on

record indicating that the petitioner by any of his act,

instigated/abetted the deceased to commit suicide, without

expressing any opinion on merits/demerits of the case, this Court

is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Prahlad Ram

S/o Bala Ram arrested in connection with F.I.R. No.09/2023

registered at Police Station Siwana, District Barmer, shall be

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released on bail, if not wanted in any other case, provided he

furnishes a personal bond of Rs.50,000/- and two sureties of

Rs.25,000/- each, to the satisfaction of learned trial court, for his

appearance before that court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

(KULDEEP MATHUR),J 80-Tikam/-

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