To establish abetment of suicide under Section 306 IPC, clear evidence of instigation or encouragement by the accused is required, which was absent in this case.

JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Learned AGA has filed counter affidavit today.

2. Supplementary affidavit and rejoinder affidavit has also been filed on behalf of applicant today. Let the same be taken on record.

3. Heard Mr. Gaurav Kakkar, learned counsel for the applicant and learned Additional Government Advocate for the State.

4. By means of this application, the applicant is seeking enlargement on bail in Case Crime No. 874 of 2017, under Sections 306 and 506 IPC, Police Station Meja, District Prayagraj.

5. Prosecution story is that the informant Ganga Ram Nishad has lodged the impugned FIR on 27.12.2017 alleging therein that his son Ramsagar was married to Puja, daughter of Ram Bhajan on 5th June, 2017. Accused Deepu son of Umesh Chandra Nishad alias Kallu Nipad was having illicit relation with his daughter-in-law Puja even before marriage and even after marriage, accused Deepu used to visit the matrimonial house of Pooja and was being tried to made physical relation with her at her matrimonial house and when Puja refused to do so, accused Deepu threatened her stating therein that he had made her sex video and would be viral on internet and Whatsapp. On the basis of that obscene video, accused Deepu used blackmailing Puja, who fed up with this act, has committed suicide on 12.09.2017 by hanging and before hanging, she herself written a suicide note, which was shown by the informant to Deepu’s mother, who took it to her house and when the informant asked to return it, she refused and started blackmailing his son Ramsagar by showing him the sex video and started demanding Rs. 5,00,000/- (five lakh rupees). Enraged by this act, the informant son Ramsagar also wrote a suicide note against Deepu and his mother Urmila Devi alias Semrahia and hanged himself on 18.12.2017 in the same room. As per suicide note, the reason for the death of his daughter-in-law Pooja and his son Ramsagar is against accused Deepu and his mother. It is further alleged that the alleged suicide note written by the informant’s son before committing suicide is a photocopy of the suicide note. It is further alleged that the accused persons are continuously threatening to kill the informant and his family.

6. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant is the maternal cousin of the deceased Pooja and when she was killed by her in-laws, the applicant was doing pairvi for registration of FIR against the informant, who is father-in-law of the deceased Pooja, due to this reason, the applicant has been implicated. The applicant has never committed any offence as alleged in the impugned FIR even the applicant has no concern with the alleged incident. It is a case of matrimonial death on account of matrimonial dispute between husband and wife, first, wife thereafter, her husband has committed suicide. Further submission is that the deceased Pooja was married with the son of informant, namely, Ram Sagar on 05.06.2017 and when deceased Pooja went to her matrimonial house, her in-laws including husband subjected her with cruelty in lieu of demand of dowry such as motorcycle and Rs. 50,000/- cash and when their demands were not fulfilled, they have killed the deceased Pooja on 12.09.2017, thereafter, father of the deceased lodged FIR against the in-laws i.e. husband Ram Sagar, father-in-law Gangaram (the present informant) and mother-in-law Gangadei on 13.09.2017 under Sections 498A, 304B and 3/4 Dowry Prohibition Act. As per postmortem report of the deceased Pooja, ligature mark as well as contusion 12cm X 6cm has been found on the skull of the deceased and cause of death has been mentioned as Asphyxia due to ante-mortem hanging. Further submission is that after three months of the death of deceased Pooja, her husband Ram Sagar has also committed suicide on 18.12.2017, thereafter, the impugned FIR has been lodged against the applicant and his mother Urmila Devi. As