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MANISHA BATRA
Kavita – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra , J.
1. The present petition has been filed by the petitioner seeking regular bail in FIR mentioned below:
| FIR No. | Dated | Police Station | Sections |
| 53 | 20.03.2024 | Badhra, District Charkhi Dadri | 306, 34 and 506 of IP |
2. The adumbrated facts emanating from the record are that the complainant Mahender Singh lodged a complaint on 20.03.2024 alleging therein that the petitioner who is wife of his brother Jogender was having illicit relationship with co-accused. Sonu. She eloped with him on 11.03.2024 and a complaint in this regard had been filed by Jogender at the police station. He alleged that the petitioner and co-accused Sonu had been harassing his brother Jogender for quite some time and on account of the harassment meted out at their hands, his brother Jogender committed suicide on the same day by consuming some poisonous substance. After registration of FIR, investigation proceedings were initiated. Inquest proceedings and postmortem examination of the dead body of the victim were conducted. The petitioner was arrested on 27.04.2024. Investigation has since been completed.
3. It is argued by learned counsel for the pet
The court emphasized that the merits of the case should not influence bail decisions, focusing instead on the duration of custody and nature of allegations.
The court granted bail to the petitioner, finding insufficient evidence linking him to the dowry death, emphasizing the need for a fair trial and the lengthy custody period.
The decision to grant regular bail was based on the lack of criminal antecedents, the examination of material witnesses, and the likelihood of a lengthy trial for the case to conclude.
The decision to grant regular bail was influenced by the petitioner's personal circumstances, the absence of evidence of potential interference with the case, and the duration of her incarceration.
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
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