HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
BALJINDER SINGH SANDHU
PRAKASH CHAND AICHRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 14718 / 2025
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14718/2025
Prakash Chand Aichra S/o Deva Ram, Aged About 30 Years, R/o
Bhadva, Police Station Bhadu, District Deedwana Kuchaman Raj.
(Presently Lodged In District Jail Deedwana Kuchaman)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Kishore
For Respondent(s) : Ms. Sonu Manawat, PP
Mr. Ramprakash Dudi
Mr. Vikash Bishnoi
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
15/05/2026
This application for bail under Section 483 BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.174/2022 registered at Police Station
Makrana, District Nagaur, for offences under Sections 306 and 406
of IPC.
Learned counsel for the petitioner submits that, in the
present case, the allegations against the petitioner are under
Section 306 IPC, and the charge-sheet has already been filed. The
petitioner has been in judicial custody since 14.11.2025. Learned
counsel for the petitioner further submits that the allegations in
the FIR are that all the three accused persons, namely the
petitioner Prakash Anchara, Ramu Buldak, and Devaram Kurada,
were blackmailing and had retained the gold earrings and a sum
of ₹5,000/- belonging to the deceased and were not returning the
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same, and were allegedly harassing the deceased, due to which he
committed suicide. However, in the alleged suicide note, it is
stated that there was some video with the petitioner. It is
submitted that no other allegations of any instigation by the
petitioner has been levelled. It is stated that no such suicide note
has been submitted with the charge-sheet and only a fard is
there. That apart no such video has been recovered from the
petitioner, nor does any such video exist.
Further, despite several opportunities having been granted,
the State has failed to produce the FSL report in the matter. It is
submitted that, in any case, the same would be a matter of
evidence before the learned trial Court if any such FSL report is
subsequently received. Learned counsel for the petitioner further
submits that, even if the prosecution case is taken at its face
value, the essential ingredients constituting an offence under
Section 306 IPC are not made out against the petitioner. It is also
submitted that the trial of the case is likely to take a considerable
period of time; therefore, the benefit of bail may kindly be granted
to the accused-petitioner.
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant has vehemently opposed the bail
application.
This Court has considered the arguments advanced by the
learned counsel for the parties. In the present case, as per the
suicide note the allegations against the petitioner is that he had
some video of the deceased; for which he was blackmailing
however, no such recovery has been effected, and the FSL report
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of the mobile of the petitioner has not been received. Learned
Public Prosecutor has been granted several opportunities since
January, 2026 to produce the FSL report; however, the same has
not been produced till date. Nevertheless, if any such FSL report is
received, the same shall be considered by the learned trial Court
during the course of trial. So far as the allegation against the
petitioner under Section 306 IPC is concerned, there must be
material indicating instigation on the part of the petitioner which
led the deceased to commit suicide. At this stage, prima facie, it is
doubtful whether the material on record discloses any such
instigation on the part of the petitioner. However, the learned trial
Court shall examine the said aspect threadbare during the course
of trial. The charge-sheet in this case has already been filed and
the petitioner is
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