IMPORTANT POINT
The court established that instigation under Section 306 IPC requires clear evidence of intent to push the victim to suicide, which was lacking in this case.

JUDGMENT :

Mr. Sumeet Goel, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.216 dated 07.07.2023 registered for the offence punishable under Section 306 of IPC, 1860 at Police Station City Tarn Taran, District Police Tarn Taran.

2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-

“Statement of Dilbagh Singh son of Swaran Singh resident of Circular Road Mohalla Jaswant Singh Tarn Taran aged about 55 years Mobile No.:-98766-35204. It is stated that I am resident of abovementioned address and used to do the work of tailor. I am having two sons and two daughters and all are married. My elder son Avtar Singh got married about five years ago with Manpreet Kaur daughter of Kuldeep Singh alias Bhunda resident of Algo Kothi Police Station Valtoha and younger son Gursewak Singh got married about three years ago with Monika daughter of Ranjit Singh resident of village Kukadwala District Tarn Taran. We all family members reside in one house and used to do the work of tailoring. My eldest daughter-in-law Manpreet Kaur used to fight with my wife Daljit Kaur who is aged about 50 years and many times have also given beatings to her but we in order to save our image in the society used to not to talk about this with anyone and many times the respectable persons have got the matter compromised but despite the same Manpreet Kaur and her mother Rajwant Kaur wife of Kuldeep Singh and Manpreet Kaur’s brother Gurjant Singh son of Kuldeep Singh alias Bhunda used to interfere in the matters of our house and used to give ill-treatment to my son Avtar Singh. On dated 04.07.2023 in the evening, Rajwant Kaur alias Rajji wife of Kuldeep Singh and Gurjant Singh son of Kuldeep Singh alias Bhunda came to our house where my daughter-in-law Manpreet Kaur and her mother Rajwant Kaur and brother Gurjant Singh gave beatings to my wife Daljit Kaur and also insulted her. My wife from the said day used to not to talk with anyone and used to remain silent and while not tolerating the said insult yesterday on 06.07.2023 being fed up from my daughter-in-law Manpreet Kaur and her brother Gurjant Singh and her mother Rajwant Kaur have consumed some poisonous medicine. I took her to Harsukhman Hospital Adda Noordi, Tarn Taran for treatment and got her admitted and during the treatment she got expired. My wife Daljit Kaur has taken this extreme step on being fed up from Manpreet Kaur and her brother Gurjant Singh and her mother Rajwant Kaur. Thus, the strict legal action may kindly be taken against them. I kept the dead body of my wife Daljit Kaur in the dead house in the Civil Hospital, Tarn Taran and at that time since I was under shock as such I could not got my statement recorded to you and now I after taking along my son Avtar Singh was coming to give information to you and you met us on the way. Thus, the statement has been got recorded which has been read over and same is admitted to be true. Action may kindly be taken. Sd./- Dilbagh Singh, attested by SD Balwinder Singh SI Incharge Chowki Town Police Station City Tarn Taran dated 07.07.2023.”

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 07.03.2024. Learned counsel for the petitioner has further argued that, at the most, the allegations against the present petitioner are that she along with the co-accused was harassing the deceased which forced her to take extreme step. Learned counsel for the petitioner has further argued that the altercations, if any, between deceased- Daljit Kaur and present petitioner, namely, Manpreet Kaur cannot be sufficient enough to invoke Section 306 of IPC. Learned counsel for the petitioner, in order to buttress his argument, has relied upon the dicta of the judgment of the Hon’ble Supreme Court in the case of Mohit Singhal & Anr. Vs. The State of Uttarakhand & Ors., relevant whereof reads as under:-

“9. In the f