[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Rekha vs State Of Rajasthan (2026:Rj-Jd:2115) on 14 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:2115]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13344/2025
Rekha W/o Mukesh Kumar, Aged About 29 Years, Resident Of
175, Chamuda Nagar, Punayata Road, Pali,at Present Kumharo
Ka Mohalla, Masuda, Police Stationmasuda, District Beawer,
Rajasthan. (At Present Lodged In District Jail Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 2437/2025
Rahul Rankawat S/o Late Shri Gordhan Lal Rankawat, Aged
About 37 Years, Resident Of 36 Bhalawato Ka Bas, Police Station
Kotwali, District Pali, At Present Residing At 154, Shakti Nagar,
Behind New Bus, Pali, Police Station Kotwali, District Pali. (At
Present Lodged In District Jail Pali)
----Petitioner
Versus
1 State Of Rajasthan, Through The Public Prosecutor.
2 Premlata Goyal W/o Amrit Lal, Resident Of Bhagat Singh
Clnoy, Gandhi Nagar, Kotwali, Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kaushal Sharma
For Respondent(s) : Ms. Sonu Manawat, PP
Mr. Prakash Kumar for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
14/01/2026
The instant application for bail under Section 483 BNSS and
appeal under Section 14A of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act have been filed by the
petitioner who have been arrested in connection with F.I.R.
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[2026:RJ-JD:2115] (2 of 4) [CRLMB-13344/2025]
No.424/2025 registered at Police Station Kotwali, District Pali, for
offences under Sections 108, 61(2) and 308(2) of BNS and
Sections 3(2)(V) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
Learned counsel for the petitioners/appellants submitted
that, as per the prosecution case itself, the deceased Mukesh
committed suicide by hanging. It was contended that prior to
committing suicide, the deceased recorded a video and also left
behind a suicide note, wherein he stated that he took the extreme
step due to alleged misbehaviour and his false implication in
criminal cases by his wife Rekha (petitioner) and Rahul Rankawat
(petitioner). The prosecution alleges that petitioner Rekha was
having illicit relations with petitioner Rahul and that both of them
jointly instigated the deceased to commit suicide.
Learned counsel further submitted that although allegations
regarding illicit relations and matrimonial discord have been
levelled against the petitioners, during the course of investigation
no material has been collected to indicate any overt act or
omission on the part of the petitioners which could amount to
aiding, instigating, or abetting the deceased to commit suicide. In
support of his submissions, learned counsel placed reliance upon
the judgments of the Hon'ble Supreme Court in M. Arjuna vs.
State, represented by its Inspector of Police, reported in (2019) 3
SCC 315 and S.S. Cheena vs. Vijay Kumar Mahajan & Anr.,
reported in (2010) 12 SCC 190.
Lastly, learned counsel submitted that the petitioners are
presently in judicial custody, the investigation has already been
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[2026:RJ-JD:2115] (3 of 4) [CRLMB-13344/2025]
concluded, and the trial is likely to take a considerable time for its
completion. Therefore, it was prayed that the petitioners be
enlarged on bail.
Per contra, learned Public Prosecutor and learned counsel for
the complainant opposed the bail application as well as the
appeal. Learned counsel for the complainant submitted that
sufficient material is available on record to prima facie establish
that the deceased committed suicide due to continuous
harassment caused by the present petitioners. It was argued that
the acts and conduct of the petitioners clearly amount to
instigation and abetment of suicide and, therefore, they do not
deserve the benefit of bail.
Heard learned counsel for the parties. Perused the material
available on record.
Having considered the rival submissions and the facts and
circumstances of the case, this Court prima facie finds that
although, as per the prosecution, petitioner Rekha had developed
illicit relations with petitioner Rahul and allegedly filed cases
against the deceased with an intention to humiliate him, there is
no material available on record at this stage to establish that the
petitioners committed any act of instigation or abetment which
compelled the deceased to commit suicide.
It is a settled position of law that the offence of abetment
involves a mental process of instigating a person or intentionally
aiding a person in the commission of an act. In the absence of any
specific overt act or omission on the part of the accused persons
to instigate or intentionally aid the commission of suicide, an
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[2026:RJ-JD:2115] (4 of 4) [CRLMB-13344/2025]
offence under Section 108 of the Bharatiya Nyaya Sanhita cannot
prima facie be made out.
Furthermore, learned Public Prosecutor has not expressed
any apprehension regarding the petitioners influencing prosecution
witnesses or absconding from the course of justice in the event
they are enlarged on bail.
Accordingly, the instant bail application under Section 483
BNSS as well as appeal under Section 14A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act are
allowed and it is ordered that the accused-petitioner/appellant- (i)
Rekha W/o Mukesh Kumar and (ii) Rahul Rankawat S/o
Late Shri Gordhan Lal Rankawat shall be enlarged on bail in
connection with F.I.R. No.424/2025 registered at Police Station
Kotwali, District Pali, provided each of them 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 their
appearance before the court concerned on all the dates of hearing
as and when called upon to do 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.
A copy of this judgment/order be placed in each file.
(KULDEEP MATHUR),J
21-22 divya/-
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