Insufficient evidence of intentional instigation for suicide justifies granting bail, despite allegations of marital discord.

Order

1. This application for bail under Section 483 BNS S has been filed by the petitioner who has been arrested in connection with FIR No.364/2024 registered at Police Station Suratgarh, District Sriganganagar, for offences under Sections 108 , 115(2) & 189(2) of BNS .

2. Learned counsel for the petitioner submitted that as per the prosecution’s story, deceased Sita @ Shobha committed suicide by hanging herself. Learned counsel for the petitioner submitted that the petitioner who is the husband of the deceased- Sita @ Shobha has been falsely implicated in the present case. Learned counsel submitted that merely because the petitioner was not having cordial relations with his wife the same would not mean that the petitioner has intentionally aided or facilitated his wife to end her life. Learned counsel submitted that though there is evidence available on record that the petitioner used to fight with the deceased- Sita @ Shobha and also used to harass her but that would not be sufficient to reach at the conclusion that the petitioner has intentionally aided or instigated the deceased to commit suicide.

3. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the investigation against the present petitioner has already been completed; trial of the case will take sufficiently long time to conclude, therefore, the petitioner may be enlarged on bail.

4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that due to the matrimonial discord between the husband and wife-deceased- Sita @ Shobha has committed suicide and, therefore, looking to the seriousness of allegations levelled against the present petitioner, he does not deserve to be enlarged on bail.

5. Heard learned counsel for the parties at Bar. Perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie does not finds any material available on record indicating that the petitioner intentionally aided or instigated the deceased- Sita @ Shobha to commit suicide. This Court also prima facie finds that the investigation against the present petitioner has already been completed and the prosecution has not shown any apprehension of the petitioner influencing the prosecution witnesses or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Surender Kumar S/o Keval Krishan shall be enlarged on bail in connection with FIR No.364/2024 registered at Police Station Suratgarh, District Sriganganagar provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.