KULDEEP MATHUR
Vikram S/o Radheyshyam – Appellant
Versus
State of Rajasthan – Respondent
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
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
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