Mukesh Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5295 Raj

[2023/RJJD/017466]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 4207/2023

Mukesh Singh S/o Shrawan Singh, Aged About 27 Years, Maroth,
Teh. Nawa, At Present Behind Meghwal Bhawan, Kuchaman City,
Dist. Naguar, Raj.
(At Present Lodged In Dist. Jail, Nagaur).
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr.Tej Singh Badgujar.
For Respondent(s)          :     Mr.S.K.Bhati, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                     ORDER

25/05/2023 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.12/2023 registered at Police Station Kuchaman City,

District Nagaur, for offences under Sections 498-A and 304-B IPC.

As per prosecution, on 24.12.2022 deceased-Komal Kanwar

consumed sulfa tablets as a consequence thereof, she died on

25.12.2022, while she was undergoing treatment at JLN Hospital,

Ajmer. As per prosecution, prosecutrix committed suicide being

perturbed by the wrongdoings and abusive behaviour of the

present petitioner.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that as a matter of fact, the petitioner normally

resides in Nagaland owing to his job requirements and on the date

[2023/RJJD/017466] (2 of 4) [CRLMB-4207/2023]

of incident also, he was travelling from Nagaland to his home

town. Learned counsel submitted that there is no evidence

available on record indicating that the petitioner is guilty of the act

of abetment/instigation of the act of suicide.

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 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 petitioner is in judicial

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

[2023/RJJD/017466] (3 of 4) [CRLMB-4207/2023]

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

granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail

application.

Attention of the Court was drawn towards the statements of

Pooja Kanwar, Manju Kanwar and Kesar Kanwar respectively to

show that deceased was being harassed by the petitioner in

connection with dowry demand. It was also submitted that the

petitioner had threatened the deceased that he would kill her after

returning from Nagaland.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case, so also the statements of various

witnesses, this Court prima facie finds that there is nothing on

record to indicate as to how aforesaid witnesses came to know

about the conversation between deceased and the petitioner

wherein he allegedly threatened to kill her after returning from

Nagaland.

Thus, without expressing any opinion on merits/demerits of the

case, this Court is inclined to enlarge the petitioner on bail.

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

allowed and it is ordered that the accused-petitioner- Mukesh

Singh S/o Shrawan Singh shall be enlarged on bail in

connection with FIR No.12/2023 registered at Police Station

Kuchaman City, District Nagaur, provided he furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

[2023/RJJD/017466] (4 of 4) [CRLMB-4207/2023]

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.59

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