The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.

ORDER :

KULDEEP MATHUR, J.

This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.425/2024 registered at Police Station Gogunda, District Udaipur, for offence under Section 108 of BNS.

2. Learned counsel for the petitioner submitted that the co-accused Vidhya Bai (S. B. Cr. Misc.Bail Application No.243/2025) has already been enlarged on bail by this Court vide order dated 28.01.2025. Learned counsel submitted that the co-accused of the present petitioner is not worse than the above named co-accused person who has already been enlarged on bail.

3. Learned counsel submitted that the petitioner is in judicial custody; challan has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the co-accused Vidhya Devi has already been enlarged on bail.

5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

6. The order dated 28.01.2025 passed by this Court while granting bail to the co-accused Vidhya Bai is reproduced herein below for ready reference:

“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.425/2024 registered at Police Station Gogunda, Dist. Udaipur, for the offences under Section 108 of BNS.

2. As per the prosecution, the deceased- Meena Bai committed suicide by consuming Rat poison due to bad behaviour of the present petitioner as well as the co-accused Roop Sngh.

3. Learned counsel for the petitioner submitted that the deceased- Meena Bai who is a close relative of the present petitioner felt harassed/ humiliated by her bad behaviour to such an extent that her self-esteemed and self-respect had been tarnished. Learned counsel further submitted that as per the prosecution, the petitioner due to her behaviour has abetted the deceased to commit suicide

4. Drawing attention of the Court towards the FIR, learned counsel submitted that though there is an allegation of petitioner misbehaving with the deceased but the same by itself not amount to the offence of abetment against the present petitioner.

5. Lastly, learned counsel submitted that the petitioner who is a female and having seven months pregnancy is in judicial custody since 24.12.2024 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

7. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

8. This Court looking to the nature of allegations against the present petitioner vide order dated 10.01.2025 directed the learned Public Prosecutor to call for the case diary. In compliance of this Court’s order dated 10.01.2025, the case diary has been produced by the learned Public Prosecutor.

9. This Court, on a careful perusal of the case diary, prima facie finds that though there is a possibility of the petitioner misbehaving or using abusive language towards the deceased but there is no direct evidence available on record suggesting that the petitioner had mens rea or intention to aid or instigate or otherwise facilitate 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.

10. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Vidhya Bai W/o Shri Rup Singh arrested in connection with F.I.R. No.425/2024 registered at Police Station Gogunda, Dist. Udaipur, shall be released on bail, if not wanted in any other case, provided she furnishes a pers