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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAHUL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
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.238/2024 registered at Police Station Kapasan, Dist. Chittorgarh, for the offence under Section 306 of IPC.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the deceased “Mst.A” committed suicide on 3.10.2023 by hanging herself. Learned counsel submitted that the post-mortem of the deceased was conducted on 4.10.2023, the FIR against the present petitioner with false allegations has been lodged on 29.8.2024 and the petitioner thereupon has been sent in judicial custody on 11.12.2024. Learned counsel vehemently argued that the necessary elements of the offences punishable under Section 306 IPC are not available in the present case. There is nothing on record to indicate that the petitioner has abetted or instigated the deceased to commit suicide. Except for the alleged commission of sexual assault, the specific date and time thereof has not been disclosed, nothing has been brought out by the prosecution to show that
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 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 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.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
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