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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Shaym Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.100/2024 registered at Police Station Mangrop, Dist. Bhilwara, for the offences under Sections 363, 366, 343, 376(2) (n), 376-D and 306 of IPC and Sections 5(l)/6, 5(g)/6 of POCSO Act.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the challan papers and the statements of various witnesses recorded under Section 161 Cr.P.C., learned counsel submitted that on 19.05.2024, the deceased went away with the petitioner on his motorbike bearing registration No.RJ-06-BS-8575. The deceased who was already married, pressurized the petitioner to accept her as his wife, as presently neither she is able to live with him nor will she able to go to her parent’s or in-law’s house. The petitioner told her that he cannot take a decision in this regard right now as he has no money to pay to her parents and in-laws. Upon this, deceased got annoyed and in the heat of the moment, committed suicide by consuming poisonous seeds/ pulp of kander
The court found no direct evidence of intention to instigate suicide, allowing bail as essential ingredients of abetment were absent.
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 ruled that lack of evidence for intent to instigate suicide justifies granting bail under Section 439 Cr.P.C.
Bail can be granted when the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
Bail may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
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