[2024:RJ-JD:26034]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7592/2024 Aslam Mohammed S/o Rafiq Mohammed, Aged About 37 Years, R/o Silawat Mohalla, P.s. Baneda, Dist. Shahpura At Present R/o Ekta Colony, Pansal Chohraya, P.s. Pratap Nagar, Bhilwara, Rajasthan. (At Present Lodged At Dist. Jail, Bhilwara) ----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Anil Joshi, GA cum AAG assisted by Mr. Pallav Sharma, AAAG
HON'BLE MR. JUSTICE KULDEEP MATHUR(VACATION
JUDGE)
Order 27/06/2024
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.119/2024 registered at Police Station Bheemganj, Dist. Bhilwara, for the offences under Sections 302, 201 and 120-B of
IPC.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that though initially FIR was lodged against the petitioner by the complainant for the offences under Section 302, 201 and 120-B of IPC. However, the Investigating Agency after making a thorough investigation in the matter has filed charge- sheet against the petitioner for the offences under Section 306 IPC. Learned counsel submitted that as per the prosecution, petitioner used to lay stress and pressure upon the deceased and therefore, due to mental agony and tortorous behavior of the petitioner, the deceased was left with no option but to end her life.
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Drawing attention of the Court towards the charge-sheet submitted by the Investigating Agency before the competent criminal court, learned counsel submitted that bald allegations have been levelled against the petitioner without there being any iota of evidence available on record indicating that the petitioner by any of his actions, instigated or intentionally aided the deceased to commit suicide. Learned counsel further submitted that it is a settled law that unless the ingredients of instigation/ abetment to commit suicide are satisfied, accused cannot be charged for the offences under Section 306 IPC. Learned counsel relied upon the judgments rendered by Hon'ble The 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 and Anr. reported in (2010) 12 SCC 190. Lastly, 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.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
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, this Court prima facie finds that investigation against the petitioner has already been completed. This Court also prima facie finds that though there is an allegation against the present petitioner of maltreating his wife i.e.,
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deceased however, whether the evidence available against the petitioner is capable of suggesting that he had intended by his acts to instigate the deceased to commit suicide or not and whether the ingredients of instigation/abetment to commit suicide are satisfied in the present case or not is a matter to be examined by trial court on the basis of the material and evidences produced before it. This Court also prima facie finds that the prosecution has not shown any apprehension of petitioner influencing material witnesses of the case or fleeing away from justice, in case he is enlarged on bail. 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- Aslam Mohammed S/o Rafiq Mohammed shall be enlarged on bail in connection with FIR No.119/2024 registered at Police Station Bheemganj, Dist. Bhilwara, 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(VACATION JUDGE)),J
21-TarunG/-
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