Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Hansraj – 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.140/2024 registered at Police Station Chattargarh, Dist. Bikaner, for the offences under Sections 498-A and 306 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, the deceased owing to her matrimonial discord with the present petitioner on 19.05.2024, committed suicide. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the challan papers, learned counsel submitted that the essential ingredients of the offence under Section 306 IPC i.e. (i) the abettment, (ii) the intention of the deceased to aid or instigate or abet the deceased to commit suicide are not present in the present case. Learned counsel submitted that there is nothing on record to indicate that the petitioner had mens rea or intention to aid or instigate the deceased to commit suicide.
4. Lastly, learned counsel submitted that the petitioner is in
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.
The absence of direct evidence of instigation and significant delay in filing the FIR justified granting bail to the petitioner.
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 absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
