Point of Law : Extra-marital relationship and its probable consequences in which the Hon'ble Apex Court has clearly and explicitly in its judgment exonerated the accused from the charges under Section 306 IPC and admitted on bail.

JUDGMENT :

Rahul Chaturvedi, J.

1. There are two connected criminal misc. bail applications moved by the applicants Najim Hussain and Smt. Areeba and both are being named accused of case crime no. 463 of 2021, under Section 306 IPC, P.S. Katghar, District Moradabad and for the sake of brevity both the bail applications are being heard and decided by a common order.

2. Both the applicants are facing prosecution in case crime no. 463 of 2021, under Section 306 IPC and are in jail since 09.09.2021, seeking enlargement on bail in exercise of power under Section 439 Cr.P.C.

3. Heard Sir Jai Shanker Malviya, learned counsel for the applicant, Sir Janardan Prasad Tripathi, Ms. Sweety Srivastava, learned counsel for the complainant and learned AGA for the State and perused the material brought on record.

4. The delayed FIR was registered by Sri Danish on 30.08.2019 for the incident said to have been taken place on 20.08.2021, there is not plausible justification coming forward to explain this delay. From the record, it is clear that the informant himself is not an eye witness to the incident and whatever the story narrated by him in the FIR is on the basis of some hearsay of others. The FIR was registered against the applicants Najim Hussain and Areeba with the allegation that on 22.08.2021 around 11.30 p.m. in the night, the wife of the deceased Jakir @ Choota (informant's brother) has given an information to the house of brother-in-law (Behnoi) of the informant that his younger brother Jakir @ Choota has sustained sudden cardiac arrest, on which the informant rushed to the Jakir's place where he saw that the dead body of Jakir was lying on the bed, which was carrying ligature mark around his neck. It is further submitted that the applicant-Nazim often used to visit his brother's place and has developed an intimate relationship with Jakir's wife Smt. Areeba. On this account, Jakir @ Chhota and his wife Smt. Areebaapplicant were often in a quarreling terms and was a severe cause of mental concern of his brother-Jakir @ Chhota. It is further mentioned that the deceased's wife Smt. Areeba-applicant without divorcing his husband-Jakir @ Chhota, got married with applicant-Najim. The informant has got firm belief that on account of this extra marital relationship of his wife Smt. Areeba, Jakir @ Chhota has committed suicide.

5. The case was registered under Section 306 IPC. Provides to the abettor to commit suicide. Learned counsel for the applicant has drawn the attention of the Court to the provisions of Section 107 IPC, which reads thus:-

“107. Abetment of a thing.—A person abets the doing of a thing, who—

(First) — Instigates any person to do that thing; or

(Secondly) —Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(Thirdly) — Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.”

6. It is further contended by the learned counsel for the applicant that the Investigating Officer during investigation has collected the number of statements of witnesses and every body has given sketchy and perfunctory allegation of extra marital relationship between the applicant-Najim Hussain and applicant-Smt. Areeba, who is legally wedded wife of deceased Jakir @ Chhota. This was the basic root cause of taking extreme step by the deceased by hanging himself.

7. It has been contended by t