Mukesh Kumar S/O Shri Kana Ram ... vs State Of Rajasthan
2023 Latest Caselaw 6620 Raj/2

Rajasthan High Court

Mukesh Kumar S/O Shri Kana Ram ... vs State Of Rajasthan on 6 December, 2023

Author: Sameer Jain

Bench: Sameer Jain

[2023:RJ-JP:33345]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 11688/2023

Mukesh Kumar S/o Shri Kana Ram Mohanpuriya, Aged About 29
Years, R/o Shiv Colony, Village & Police Station Manoherpur,
Tehsil Shahpura, Jaipur (Raj).
(Accused Petitioner Presently Confined in Sub Jail Kotputli)
                                                             .......Accused-Petitioner
                                        Versus
State of Rajasthan, through PP
                                                                     ----Respondent

For Petitioner(s) : Mr. Dheeraj Tripathi For State : Mr. Sher Singh Mehla, PP For Complainant : Mr. Mohan Choudhary

HON'BLE MR. JUSTICE SAMEER JAIN Order

06/11/2023

1. The instant bail application has been filed under Section

439 Cr.P.C. on behalf of accused-applicant. The accused-applicant

was arrested in connection with FIR No. 293/2023 registered at

Police Station Shahpura, Jaipur Rural for the offence(s) under

Section 306 I.P.C.

2. Learned counsel for the applicant submits that the

applicant and the deceased were in a consensual extra marital

relationship. It is submitted that the deceased was living

separately from her husband and both the applicant and the

deceased were working at the same place. It is contended that the

case under Section 306 of IPC is not made out in the facts and

circumstances of the present case as there was no instigation by

the applicant and the deceased committed suicide on her on

accord, perhaps on account of the relationship turning sour.

[2023:RJ-JP:33345] (2 of 3) [CRLMB-11688/2023]

Learned counsel has also relied upon the contents of the

Whatsapp chats between the accused and deceased, which is part

of the charge-sheet. Learned counsel for the applicant has also

highlighted that the complainant in the present case is the father-

in-law of the deceased and has filed the complaint only on mere

apprehension.

3. Per contra, learned counsel for the complainant and

learned Public Prosecutor have opposed the bail application. It is

submitted that the applicant was blackmailing the victim which

compelled her to take her own life.

4. Heard and considered.

5. Considering the arguments advanced by both the sides;

considering that the victim was living separately from her husband

and was in a consensual relationship with the applicant, with

whom she was working; that the medical report is prima facie also

suggestive of suicide; that charge sheet has been filed, and

considering the Apex Court judgments of Sanju vs. State of

Madhya Pradesh reported in AIR 2002 SC 1998, Kanchan

Sharma vs. State of Uttar Pradesh and Ors. (Neutral

Citation: 2021/INSC/496) reported in AIR 2021 SC 4313,

and V.P. Singh and Ors. vs. The State of Punjab and Ors.

(Criminal Appeal Nos. 2103/2010, 2104/2010 and

2105/2010 decided on 24.11.2022), and looking to the overall

facts and circumstances of the case but without commenting on

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

present bail application.

[2023:RJ-JP:33345] (3 of 3) [CRLMB-11688/2023]

6. Accordingly, the bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-applicant Mukesh

Kumar S/o Shri Kana Ram Mohanpuriy shall be enlarged on

bail provided he furnishes a personal bond of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of learned trial

Judge for his appearance before the court concerned on all the

dates of hearing as and when called upon to do so.

(SAMEER JAIN),J

JKP/Deepak-101

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