Bheru Lal, vs State Of Rajasthan And Others

Dinesh Mehta, J

The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No. 0244/2023 registered at Police Station Rawla, District Anupgarh for the offences under Sections 306, 34 of Indian Penal Code and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 against the order dated 18.11.2023 passed by the learned Special Judge, SC/ ST Act (Prevention of Atrocities) Act Cases, Sri Ganganagar whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant argued that he has been wrongly roped in for the offence under Section 306 of the IPC in relation to suicide that has been committed by one Kaushalya Devi. He added that solely on the basis of WhatsApp chat and the photograph available in the mobile phone of the deceased, he has been involved in the case.

Learned Public Prosecutor has vehemently opposed the bail application.

Having heard learned counsel for the appellant and on perusal of the charge-sheet and screenshot of chats between the appellant and the deceased, it is apparent that the present applicant had brought an end to their affair and the deceased had sent numerous messages expressing her concern and grievance against the attitude of the present applicant.

It is to be noted that on numerous occasions, she sent the following message:

"vkius eq>ls lEcU/k rksM+k rks eSa viuh tku nwaxhA"

In the opinion of this Court, the event of the relationship between the accused and the deceased coming to and end, can impel a hyper-sensitive person to commit suicide, but for such turn of events, the applicant cannot be held guilty for the offence of abetment/incitement to commit suicide punishable under Section 306 of the IPC.

Having regard to the facts and circumstances of the case, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 18.11.2023 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Act Cases, Sri Ganganagar is set aside. 9. It is ordered that the accused-appellants Bheru Lal S/o Shri Sohan Lal arrested in connection with FIR No. 0244/2023 registered at Police Station Rawla, District Anupgarh for the offences shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.