Raju vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.190/2023, registered at Police Station Javarmines, District Salumbar for the offence under Section 306 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

Learned counsel for the applicant argued that the applicant has been wrongly implicated for the offence of abetment to suicide under Section 306 of the IPC merely on the basis of some words allegedly uttered by her to the deceased in the absence of any active instigation.

Learned counsel argued that the applicant, who is sister-in-law of the deceased (jethani) had no occasion to utter any words which could have compelled the deceased to commit suicide.

Learned Public Prosecutor vehemently opposed the bail application by contending that the statements of Bhanwar Lal (husband of the deceased) and hurjimeena (elder brother-in-law of the deceased) (jeth) clearly shows that the applicant used to fight with the deceased and on the date of the death, the applicant had uttered the following words to the deceased which compelled her to commit suicide “you have sent your husband out of the village and you are living alone and eating, why don’t you go and die”.

Heard learned counsel for the parties and perused the material available on record.

If the statement of Bhanwar Lal (husband of the deceased), Hurjimeena (brother-in-law) and Kanwarnath (neighbour) and the statement and interrogatory note of the applicant are seen, it is clear that the applicant used to live in a separate house with her husband and children and the applicant’s house was in front of the house of the deceased.

Such being the position, the applicant, who had neither shared common house nor shared household expenses with the deceased had no occasion to utter the words underscored in para No.4, above.

There is no one who has heard the applicant uttering these words. Even if it is assumed that such words were uttered by the applicant to the deceased on the day of her death, by no stretch of imagination can such words alone be said to persuade the deceased to commit suicide, particularly in the given circumstances when the applicant and deceased lived in separate household. There was no reason or motive with the applicant to harass or torture the deceased.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Raju W/o Laxman Lal arrested in connection with FIR No.190/2023, registered at Police Station Javarmines, District Salumbar shall be released on bail on her furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.