Gopal Lal vs State Of Rajasthan ...
2023 Latest Caselaw 5397 Raj

[2023/RJJD/017694]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 5374/2023
Gopal Lal S/o Babu Lal, Aged About 41 Years, Arnoda, P.s. Sadar,
Nimbahera, Dist. Chittorgarh. (At Present Lodged In Sub Jail,
Nimbahera).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent



For Petitioner(s)         :     Mr.R.K.Charan.
For Respondent(s)         :     Mr.Shrawan Kumar, P.P.


         HON'BLE MR. JUSTICE KULDEEP MATHUR
                             ORDER

26/05/2023 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.304/2022 registered at Police Station Nimbahera Sadar,

District Chittorgarh, for offences under Sections 498A and 306

IPC.

As per prosecution story, deceased - Chanda committed

suicide by hanging. As per prosecution, deceased married with the

present petitioner in the year 2003.

Learned counsel for the petitioner submitted that the

allegation against the petitioner is that he caused mental torture

to the deceased by his wrongdoings and abusive behaviour, which

compelled her to commit suicide.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that there exists no evidence indicating that the

deceased was meted with continuous harassment or by any action

of the petitioner, deceased can said to have been led or compelled

[2023/RJJD/017694] (2 of 3) [CRLMB-5374/2023]

to commit suicide. Learned counsel submitted that the petitioner

is in judicial custody, challan has been filed 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 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.

Per contra, learned Public Prosecutor opposed the bail

application.

[2023/RJJD/017694] (3 of 3) [CRLMB-5374/2023]

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

In the present case, there is an allegation of abusive

behaviour against the petitioner. However, the charge-sheet and

other material available before Court do not indicate that the

petitioner is guilty of the act of instigation/abetment of the act of

suicide.

Having considered the rival submissions, facts and

circumstances of the case, FIR and charge-sheet, 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- Gopal Lal

S/o Babu Lal shall be enlarged on bail in connection with FIR

No.304/2022 registered at Police Station Nimbahera Sadar, District

Chittorgarh, provided he 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 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.39

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