Rajasthan High Court - Jodhpur
Bhawani Shankar vs State Of Rajasthan (2023:Rj-Jd:44069) on 15 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44069]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13382/2023
Smt. Krishna W/o Sh. Bhawani Shanker, Aged About 46 Years,
R/o Aamli, P.s. Fatahnagar, Dist. Udaipur, Raj.
(Presently Lodged In Dist. Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Prem Devi W/o Niranjan Ji Gurjar, R/o Vallabh Pur P.s.
Nathdwara, Dist. Rajsamand
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13601/2023
1. Bhawani Shankar S/o Sh. Jamna Lal, Aged About 46
Years, R/o- Vill. Amali, P.s. Fatehnagar, Dist. Churu (Raj.).
(Presently Lodged In Central Jail, Udaipur)
2. Ms. Nisha D/o Bhawani Shankar, Aged About 21 Years,
R/o- Vill. Amali, P.s. Fatehnagar, Dist. Churu (Raj.).
(Presently Lodged In Central Jail, Udaipur)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Prem Devi W/o Sh. Niranjan, R/o- Wallabhpura P.s.
And Tehsil Nathdwara,dist. Rajsamand (Raj.).
----Respondents
For Petitioner(s) : Mr.Pradeep Kumar Shah.
Mr.Balveer Singh Rathore.
For Respondent(s) : Mr.Vikram Sharma, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
15/12/2023
These two applications for bail under Section 439 Cr.P.C.
have been filed by the petitioners who have been arrested in
connection with FIR No.127/2023 registered at Police Station
Fatehnagar, District Udaipur, for offence under Section 306 IPC.
Learned counsel for the petitioners submitted that on
9.6.2023, the deceased Bharat committed suicide by consuming
[2023:RJ-JD:44069] (2 of 4) [CRLMB-13382/2023]
poison. Learned counsel submitted that as per prosecution, the
deceased just before his death called his cousin Chirag and told
him that he is going to die and all the six named accused would be
responsible for his death. Drawing attention of the Court towards
the complaint submitted by the respondent before the learned
Judicial Magistrate, Mavli, learned counsel submitted that as per
the averments made in the complaint, the deceased was
deceitfully got married to the accused named Nisha on 19.5.2023.
Soon after marriage, Nisha and other co-accused persons started
pressurising the deceased to sell his land. Learned counsel
submitted that as per the complaint, the accused persons wanted
to grab certain land belonging to the deceased. It was contended
that a false allegation of harassment has been levelled against the
petitioners. Learned counsel submitted that there there is no iota
of evidence available on record indicating as to how the petitioners
by any of their actions, instigated or intentionally abetted the
deceased to commit suicide. It was urged that without a positive
act on the part of the accused petitioners to aid to instigate the
deceased to commit suicide, the allegation of abetment to suicide
cannot be sustained.
Learned counsel relied upon 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, wherein
the Hon'ble Supreme Court held as under:-
"The essential ingredients of the offence under
Section 306 I.P.C. are: (i) the abetment, (ii) the
intention of the accused to aid or instigate or abet the
deceased to commit suicide. The act of the accused,
however, insulting the deceased by using abusive
[2023:RJ-JD:44069] (3 of 4) [CRLMB-13382/2023]
language will not, by itself, constitute the abetment of
suicide. There should be evidence capable of
suggesting that the accused intended by such act to
instigate the deceased to commit suicide. Unless the
ingredients of instigation/abetment to commit suicide
are satisfied, accused cannot be convicted under
Section 306 I.P.C."
Learned counsel further also relied upon the judgment
rendered by Hon'ble the Supreme Court in the case of S.S.
Cheena Vs. Vijay Kumar Mahajan & Anr. reported in
(2010)12 SCC 190, wherein Hon'ble the Supreme Court while
deciding a criminal appeal held that abetment involves a mental
process of instigating a person or intentionally aiding a person in
doing of a thing. Without a positive act on the part of the accused
to instigate or aid in committing suicide, conviction cannot be
sustained.
Learned counsel submitted that the petitioners are 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-
petitioners.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
Heard learned counsel for the petitioner and learned counsel
for the complainant. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that there
is no evidence available showing that the petitioners are guilty of
the act of instigating/abetting/aiding the deceased to commit
suicide. Thus, without expressing any opinion on merits/demerits
of the case, this Court is inclined to enlarge the petitioners on bail.
[2023:RJ-JD:44069] (4 of 4) [CRLMB-13382/2023]
Accordingly, these bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners- (i)
Smt. Krishna W/o Sh. Bhawani Shanker, (ii) Bhawani
Shankar S/o Sh. Jamna Lal and (iii) Ms. Nisha D/o Bhawani
Shankar shall be enlarged on bail in connection with FIR
No.127/2023 registered at Police Station Fatehnagar, District
Udaipur, provided each of them 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 their 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.57-58
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