The court emphasized the importance of prima facie evidence, nature of accusation, severity of punishment, and supporting evidence in bail decisions, and clarified that bail decisions do not express opinions on the merits of the case.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 23783/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

BAIL APPLN. 2956/2023

1. The present application has been filed under Section 439 read with Section 482 Cr.P.C. seeking grant of regular bail in case FIR no.495/2021 registered under Section 306/34 IPC at PS Civil Lines. Section 174A of IPC was subsequently added in the charge sheet. The petitioner is in custody since 06.08.2022.

2. Briefly stated, the present FIR was lodged by Smt. Shanti Devi, mother of the deceased Manoj. In the complaint, it has been alleged that her son was married to Smt. Poonam @ Priya on 23.01.2011. Out of the wed-lock, two children were also born. It has been alleged that her son came to know that his wife had extramarital relations with a person namely Neeraj i.e. the applicant, on account of which there was regular quarrel between the two. It was further alleged that Poonam ran away with the applicant. Moreover, it is alleged that on 01.09.2021 at around 8 p.m., when the deceased, Manoj, came back home, he appeared to be under great stress. On being asked, he stated that Poonam had threatened him to transfer the ownership of the house to her failing which she will implicate the elder brother and father of the deceased, in a rape case and will also implicate other members of the family in the dowry case. The complainant alleged that thereafter the deceased, Manoj, went into his room and committed suicide by hanging.

3. Learned counsel for the applicant submits that in K.V. Prakash Babu vs. State of Karnataka, (2017) 11 SCC 176, the Hon'ble Supreme Court has in inter-alia held that if the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under Section 306 of the IPC but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments. Learned counsel for the applicant further submits that the co-accused namely Neeraj Kumar @ Neeraj with whom the applicant had allegedly absconded has already been admitted to bail by this court vide order dated 18.07.2023. Learned counsel for the applicant has also submitted that in fact only on the day of the incident, the present applicant had lodged a complaint before the SHO, PS Civil Lines alleging therein that the deceased was alcoholic and physically assaulted her. It was further stated by the applicant in the said complaint that on account of the behavior of the deceased, she had been residing separately.

4. Issue notice. Learned APP has accepted the notice.

5. Learned APP has vehemently opposed the bail application. He submits that the deceased had also lodged a complaint against co-accused Neeraj vide DD No.23A dated 29.06.2021 at PS Civil Lines. It has further been submitted that the complaints filed by the father of the co-accused Neeraj and the present applicant were after the filing of the complaint by the deceased Manoj Kumar. Learned APP has also submitted that the suicide note and complaint have been sent to FSL for expert opinion and the result has been received. As per the report, the handwriting of the suicide note is of the deceased Manoj Kumar. Learned APP has also submitted that the role of the present applicant is different from the co-accused Neeraj who has been admitted to bail and therefore the bail may not be granted.

6. This court while dealing with the application of co-accused Neeraj has inter-alia held as under:

"5. The ingredients for attracting S.306 for which evidence is required to be led include the intentional instigating a person into committing suicide. Such instigation refers to abetment which is a mental process thereby, requires the accused to possess mens rea. Existence of such intention is detected by the actual actions of the accused which must constitute a positive provocation, incitement or encouragement towards committing suicide. There must proof of such abetment in proximi