Mukesh vs State Of Rajasthan
2023 Latest Caselaw 5319 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3844/2023

Mukesh S/o Ganpat Lal, aged about 32 Years, R/o Gomana Choti Sadri District Pratapgarh Raj.

(At present lodged at District Jail, Pratapgarh)

----Petitioner Versus State of Rajasthan, through P.P.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rahul Batty
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

F.I.R. No.389/2022 registered at Police Station Chotti Sadari,

District Pratapgarh for the 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 as per

prosecution, on 30.12.2022 deceased- Shanti Lal committed

suicide by hanging himself. Learned counsel submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that there is no evidence to show the

involvement of the petitioner for causing harassment or abetment

to commit suicide. Learned counsel submitted that allegations

against the petitioner of threatening/mentally torturing the

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deceased have been levelled only with a view to implicate the

petitioner in a false case. 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.

Reliance was placed on the judgment of Hon'ble the Apex

Court in the case of M. Arjuna Vs. State, represented by its

Inspector of Police, reported in (2019) 3 SCC 315, pleased to

hold 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."

Per contra, learned Public Prosecutor has vehemently

opposed the bail application.

Having considered the rival submissions, facts and

circumstances of the case, so also the fact that there is no

evidence available on record proving/showing the petitioner guilty

of the act of instigating/abetting 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 - Mukesh S/o

Ganpat Lal arrested in connection with F.I.R. No.389/2022

registered at Police Station Chotti Sadari, District Pratapgarh shall

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be 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 43-Ravi Kh/-

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