The central legal point established in the judgment is the consideration of mens rea for abetment to suicide and the overall facts and circumstances of the case in granting bail.

1. The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/petitioner Wasim Akhtar in the matter of FIR No. 442/2016 registered at Police Station Anantpura, District Kota for offence punishable under Section 306 IPC.

2. Learned Counsel for petitioner Mr. Poonam Chand Bhandari submits that from the statements of grandfather, grandmother, and parents of deceased there was no dispute between husband and wife. Police filed charge sheet only on the basis of statements of Mohsin, Ashfaq brothers and Smt. Shama Praveen mother of deceased wherein it is stated that before the alleged incident deceased sent whatsapp message to her brother Ashfaq stating therein that petitioner gave beatings to her before 8-10 days and she is in tension. He submits that apart from these three witnesses all family members of In-laws of petitioner didn’t levelled any allegation against the petitioner, petitioner is in custody since 25.11.2016, investigation has been completed, charge sheet has already been filed and trial shall take its own time. He further submits that to constitute offence under Section 306 IPC there should be clear mensrea for abetment to suicide enshrined in Section 107 IPC which is lacking in this matter, therefore petitioner may be released on bail.

3. Learned Public Prosecutor Mr. Rajender Raghav and Mr. Abdul Kalam Khan Learned Counsel appearing on behalf of complainant opposed the bail application and submitted that since petitioner gave beating to deceased before 8-10 days and deceased sent whatsapp message to her brother Ashfaq wherein she stated that Wasim gave her beating before 8-10 days and she is in tension and she thinks that she should die, therefore the bail application may be rejected.

4. I have considered the submissions made at bar.

5. On consideration of submissions made on behalf of and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case specially considering the statements of parents of deceased her grandfather and other witnesses, I am inclined to grant benefit of bail to the accused-petitioner Wasim Akhtar.

6. Consequently, the bail application filed under Section 439 Cr.P.C. of accused-petitioner Wasim Akhtar is allowed.

7. Therefore, it is ordered that the accused-petitioner Wasim Akhtar S/o Siddeeq Hussain in FIR No. 442/2016 registered at Police Station Anantpura, District Kota, shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs.1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.