Rajasthan High Court - Jodhpur
Shobha Kanwar vs State Of Rajasthan (2025:Rj-Jd:3106) on 16 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:3106]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 483/2025
Shobha Kanwar W/o Hadmat Singh, Aged About 35 Years, R/o
Moklawas, P.s. Rajiv Gandhi Jodhpur City, Dist Jodhpur. (At
Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Narendra Rajpurohit
For Respondent(s) : Mr. Urja Ram Kalbi, Pp
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
16/01/2025
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.97/2023 registered at Police Station Ahore, District
Jalore, for the offence under Section 306 of IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in the present case. Learned
counsel submitted that the deceased- Chunaram committed
suicide by consuming a poisonous substance (Organo Phosphorous
Insecticide). The allegation against the present petitioner is that
she was having a consensual relationship with the deceased
however, on relations between them turning strain, she threatened
to implicate him in a false criminal case.
[2025:RJ-JD:3106] (2 of 3) [CRLMB-483/2025]
Learned counsel for the petitioner submitted that as a matter
of fact, prior to the deceased committing suicide, the petitioner
had already lodged an FIR No. 115/2023 at P.S. Mandore, District
Jodhpur, against the deceased on 29.04.2023 for the offences
under Sections 384, 376(2)(n) of IPC and therefore, it cannot be
said that the petitioner was merely threatening or blackmailing the
deceased to implicate him in a false criminal case.
Learned counsel for the petitioner further submitted that
there is no evidence worth a mention on record to suggest that
the petitioner actively abetted, instigated or facilitated the
deceased to commit suicide and mere lodging of an FIR would not
amount to an overt act on behalf of the petitioner to commit the
alleged crime of abetment of suicide.
Lastly, learned counsel submitted that the petitioner is in
judicial custody and the trial of the case will take sufficiently long
time, therefore, the benefit of bail may be granted to the accused-
petitioner.
Learned counsel as placed reliance upon the judgment
rendered by Hon'ble Supreme Court of India 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.
[2025:RJ-JD:3106] (3 of 3) [CRLMB-483/2025]
Reliance was also placed upon the judgment passed in the
case of "M Arjuna vs. State" represented by its Inspector of Police,
reported in (2019) 3 SCC 315.
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 precedent law cited above,
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 Shobha
Kanwar W/o Hadmat Singh arrested in connection with F.I.R.
No.97/2023 registered at Police Station Ahore, District Jalore shall
be released on bail, if not wanted in any other case, provided she
furnishes a personal bond of Rs.50,000/- and two sureties of
Rs.25,000/- each, to the satisfaction of learned trial court, for her
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
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
98-divya/-
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