High CourtsSingle Bench

Puja Devi vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 8 November 2023 · Citation: (2023) 11 RAJ CK 0024

HON’BLE JUDGES
Dr. Nupur Bhati, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 306
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 12697 Of 2023
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Judgment

6 paragraphs · 242 words

Dr.Nupur Bhati, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.50/2023 dated 21.01.2023, registered at Police Station Kotwali Nagaur, District Nagaur, for the offence under Section 306 of IPC.

Learned counsel for the petitioner submits that the petitioner has been falsely roped in this case. He further submits that the given factual matrix does not reveal any abetment on the part of the petitioner which could have led to commission of suicide in question, so as to attract provision of Section 306 of IPC against the petitioner in this case. Learned counsel for the petitioner, thus, urges, that the petitioner deserves to be released on bail.

Per contra, learned Public Prosecutor opposes the bail application and submits that the trial court was perfectly justified in rejecting the bail application of the petitioner, as there is a serious allegation against the petitioner of abetment to commit suicide, which attracts provision of Section 306 of IPC against the petitioner.

Having regard to the entirety of facts and circumstances of the case as available on record and without commenting on the merits/demerits of the case, this Court is not inclined to enlarge the petitioner on bail at this stage.

Accordingly, the instant application for bail filed under Section 439 Cr.P.C. is rejected. However, the petitioner is at liberty to come before this Court after filing of the charge-sheet.