Rohit vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 438, Cr.P.C. for grant of anticipatory bail in connection with Crime No.405/2021, Police-Station-

Dwarkapuri, District- Indore for commission of the offence under Section 306 of the Indian Penal Code.

As per prosecution case, deceased-Deepak was having love affair with a girl but she broke the relationship. This applicant used to taunt the deceased-

Deepak for his breakup and used to tell that he is the new boy friend of his ex-girl friend. Because of this he becomes disturbed and hanged himself in

the house. Before taking this drastic step he left an audio message in the name of his mother. On the basis of that audio message the F.I.R. has been

registered against the applicant.

Learned counsel for the applicant submits that ingredients of Section 306 of the IPC are missing in this case. The applicant is a youth aged 20 years

studying in a college. There is no abetment or instigation on his part and if he is arrested his career will be spoiled hence, he may be protected from

arrest. He is ready to cooperate with the investigation. Under these circumstances, learned counsel for the applicant prays for grant of anticipatory

bail to the applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

In view of the law laid down by the Supreme Court of India in case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in

2020 SCC Online SC 964 has again summarized the law in respect of the scope of section 107 & 306 of the I.P.C., the relevant paragraphs are as

under:-

“57. Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed:

“12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with

an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to

instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there

is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note.â€​

58.The Court noted that the suicide note expressed a state of anguish of the deceased and “cannot be depicted as expressing anything intentional

on the part of the accused that the deceased might commit suicideâ€. Reversing the judgment of the High Court, the petition under Section 482 was

allowed and the FIR was quashed.â€​

Considering the facts and circumstances, without commenting on the merit of the case, the bail application is allowed. It is directed that in the event of

arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of

Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the

following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.