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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
GERIDEVI @ GUTKI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 th
The court ruled that lack of evidence for intent to instigate suicide justifies granting bail under Section 439 Cr.P.C.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The absence of direct evidence of instigation and significant delay in filing the FIR justified granting bail to the petitioner.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
The court found no direct evidence of intention to instigate suicide, allowing bail as essential ingredients of abetment were absent.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
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