JUDGMENT

Kuldeep Mathur, J. - The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 26.4.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.148/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.95/2023 registered at Police Station Shastri Nagar, Jodhpur, for offences under Sections 302, 201/34 of IPC and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the deceased was in live-in relationship with the present appellant. Leaned counsel submitted that on 14.4.2023, the deceased committed suicide by consuming sleeping pills and injection in excessive quantity. According to learned counsel, the allegation against the appellant is that with a view to develop sexual relations with the deceased, he concealed from the deceased the factum of being a married man. Owing to aforesaid, deceased started quarreling with appellant.

3. Learned counsel submitted that though FIR lodged against the appellant under Section 302, IPC read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, but the investigating agency after conducting thorough investigation into the matter, has filed challan against him under Section 306 IPC.

4. Taking into consideration aforesaid argument, this Court vide order dated 24.5.2023 directed learned Public Prosecutor to keep the Investigating Officer present before the Court alongwith case diary. Though, the Investigating Officer is not present before the Court today, however learned Public Prosecutor under instructions submitted that the investigation against the appellant has already been culminated and investigating agency is filing challan against him under Section 306 IPC before competent criminal court.

5. Learned counsel for the appellant submitted that from the perusal of the FIR, it is evident that there is no evidence available on record to suggest that the appellant is guilty of the act of instigation of the act of suicide. Learned counsel submitted that the appellant 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-appellant.

6. Learned counsel relied upon the judgment rendered by Honble the Apex court in M. Arjuna vs. State, represented by its Inspector of Police, reported in (2019) 3 SCC 315, wherein the Honble Supreme Court held as under:-

"The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment, (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."

7. Learned counsel further also relied upon the judgment rendered by Honble the Supreme Court in the case of S.S. Cheena Vs. Vijay Kumar Mahajan & Anr. reported in (2010)12 SCC 190, wherein Honble the Supreme Court while deciding a criminal appeal held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

Per contra, learned Public Prosecutor opposed the appeal.

Heard learned counsel for th