The court ruled that lack of evidence for intent to instigate suicide justifies granting bail under Section 439 Cr.P.C.

ORDER :

KULDEEP MATHUR, J.

1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.252/2024 registered at Police Station Osian, District Jodhpur Rural for the offence under Section 108 BNS.

2. Learned counsel for the petitioner submitted that as per the prosecution, the deceased- Bansilal on 16.09.2024, committed suicide by hanging himself. Learned counsel submitted that the petitioner who is wife of the deceased has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the deceased has left a hand written suicide note indicating that due to the bad behaviour of the petitioner, he felt harassed/insulted/humiliated and was left with no option but to end his life.

3. Learned counsel submitted that the hand written suicide note of the deceased cannot be treated as the gospel truth. It was urged that even it is assumed that the deceased was harassed by the present petitioner and he had taken the abusive treatment/behaviour of the petitioner seriously, then also, he had enough time to ponder and reflect over it, therefore, it cannot be said that only the aforesaid behaviour of the petitioner drove the deceased to commit suicide. On these grounds, learned counsel implored the Court to enlarge the petitioner on bail.

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

5. Heard learned counsel for the parties at Bar. Perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there is a possibility of petitioner misbehaving and using abusive language against the deceased but there is no evidence available on record suggesting that the petitioner had any mens rea or intention 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 on bail.

7. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner Geridevi @ Gutki W/o Bansilal arrested in connection with F.I.R. No.252/2024 registered at Police Station Osian, District Jodhpur Rural shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for her appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. 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.