Kamla Devi vs State Of Rajasthan
2023 Latest Caselaw 5741 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5483/2023

Kamla Devi W/o Chena Ram, Aged About 35 Years, R/o Hathi Tala, Police Station Sadar, Barmer, Tehsil And District Barmer.

(Presently In Judicial Custody At District Jail, Barmer)

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Siddharth Karwasra. For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

Mr. Hari Shanker Shrimali.

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.86/2023, registered at Police Station Barmer Rural,

District Barmer, for offence under Section 306 IPC.

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

Learned counsel for the petitioner submitted that the

deceased Dayal Puri Maharaj on 21.04.2023 committed suicide by

hanging. Drawing attention of the Court towards the charge sheet

and statements of various witnesses recorded by the investigating

agency under Section 161 Cr.P.C., learned counsel for the

petitioner submitted that in the entire charge sheet, there is no

evidence indicating that the petitioner by any of his action, aided

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or instigated or abeted the deceased to commit suicide. Learned

counsel submitted that to make out an offence of abetment of

suicide, the prosecution is required to prima facie establish that

accused had an intention to aid or instigate the deceased to

commit suicide. Challan of the case has already been filed. The

petitioner is in judicial custody and the trial of the case will take

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

granted to the accused-petitioner.

Learned counsel for the petitioner placed reliance on the

judgment rendered by Hon'ble the Apex Court in 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.

Learned Public Prosecutor and learned counsel for the

complainant have opposed the bail application. Learned counsel

for the complainant submitted that because of the abusive

behavior of the petitioner, the deceased has committed suicide.

Having considered the rival submissions, facts and

circumstances of the case, 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 Kamla Devi

W/o Chena Ram arrested in connection with F.I.R. No.86/2023,

registered at Police Station Barmer Rural, District Barmer, shall be

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

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

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

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 73-Prashant/-

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