JUDGMENT :

KULDEEP MATHUR, J.

1. The instant application for bail under Section 439 Cr.P.C. and appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the petitioners who have been arrested in connection with FIR No. 727/2022 registered at Police Station Hanumangarh Junction, District Hanumangarh, for offences under Sections 306 and 34 IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. As per prosecution story, on 20.10.2022 the deceased committed suicide by jumping into a canal. As per prosecution, the deceased was being harassed and humiliated by the present petitioner/appellant owing to the fact that high interest was being charged by them against the money lent by them to the deceased. Learned counsel for the petitioner/appellant submitted that the petitioner and appellant have been implicated in a false case. Learned counsel submitted that a suicide note has also been recovered and from perusal of the same, it would be evident that the petitioner and appellant are not guilty of the act of abetment of suicide. Learned counsel submitted that the essential ingredients of the offence under Section 306 IPC viz. (i) abetment; (ii) intention of the accused to aid or instigate to abet the deceased to commit suicide are not made out in the present case.

3. Lastly it was submitted that there is no evidence available on record capable of suggesting that the accused by any act intended to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, the accused cannot be charged under Section 306 IPC.

4. Learned counsel submitted that the petitioner and appellant are 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-petitioners.

5. Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application.

6. Heard learned counsel for the petitioner/appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there is possibility of deceased being misbehaved or pressurized by the petitioner and appellant to pay high interest against the amount borrowed by him. However, there is no direct evidence available on record suggesting that the petitioner and appellant had mens rea or in any way aided or intended to aid or instigate the deceased to commit suicide. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner and appellant on bail.

8. Accordingly, the instant bail application under Section 439 Cr.P.C. as well as appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are allowed and it is ordered that the accused-petitioner/appellant: (i) Vikram S/o Radheyshyam and (ii) Savitri D/o Sh. Khumaram shall be enlarged on bail in connection with FIR No. 727/2022 registered at Police Station Hanumangarh Junction, District Hanumangarh, 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.

9. 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.

10. A copy of this judgment/order be placed in each file.