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KULDEEP MATHUR
Bhawani Singh @ Pinnu Kachawa – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.59/2023 registered at Police Station Kotwali, District Nagaur, for offences under Sections 354 , 376, 384 and 306 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per prosecution, the petitioner harassed, humiliated, black-mailed the deceased who on being irritated, frustrated and insulted by the acts and actions of the present petitioner, committed suicide by consuming pesticides.
4. Learned counsel submitted that as a matter of fact, petitioner and deceased solemnized marriage as per Hindu rites and rituals on 29.06.2022. However, the family members of the deceased were unhappy with the marriage and they did not allow them to live together. Learned counsel submitted that looking to the hostile behavior of the family members of the deceased, they filed an application in the court of Chief Judicial Magistrate, Nagaur seeking police protection whereupon the family members of the deceased were a
The court ruled that lack of evidence for intent to instigate suicide justifies granting bail under Section 439 Cr.P.C.
The absence of direct evidence of instigation and significant delay in filing the FIR justified granting bail to the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court found no direct evidence of intention to instigate suicide, allowing bail as essential ingredients of abetment were absent.
The court emphasized that serious allegations of dowry death and harassment justify the denial of bail, highlighting the need for careful consideration of the gravity of charges.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The court ruled that without substantial evidence proving unnatural death or suicide, the applicant is entitled to bail, emphasizing the necessity of clear proof for conviction under IPC sections.
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