Single judge order dismissing bail application of husband accused of instigating wife’s suicide under Sections 306 and 498-A IPC due to gravity of offence and petitioner’s role.
Bail application under Section 439 Cr.P.C. dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R
S.B.Criminal Misc. Bail Application No.859/2015 (Manish Agarwal Vs. State of Rajasthan)
Date of Order :::::
06.04.2015
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr.A.K.Gupta, for the petitioner. Mr.Anil Yadav,Public Prosecutor for State. Mr.Pradeep Kumar Choudhary for Mr.Manoj Agrawal, for the complainant.
Heard learned counsel for the parties.
The accused-petitioner, who is husband of the deceased, has moved this application for grant of bail under Section 439 Cr.P.C. in respect of FIR No.263/2014 registered at Police Station Kishorepura, Kota for the offences under Sections 498-A and 306 IPC. It is to be noted that after investigation charge-sheet has already been filed against the petitioner and co-accused for the offences under Section 498-A, 306 read with Section 120-B IPC. The prosecution case is that the petitioner was having illicit relation with the co-accused which instigated the deceased to commit suicide by consuming huge quantity of Benzodiazepine tranquilizing drug. The application filed by the petitioner for grant of bail under Section 439 Cr.P.C. has been dismissed by the Special Judge, Women Attrocities and Dowry Cases, Kota vide order dated 12.01.2015.
Although, from the evidence collected during investigation it appears that the deceased was under great depression and she was being treated by Dr.Bharat Singh Shekhawat, a qualified Psychiatric for about two years previous to her death, but on consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, which has been placed on record by way of copy of the
2
charge-sheet, I, for the purpose of disposal of this bail application, prima facie found that the petitioner was having illicit relation with the coaccused causing depression to the deceased and it instigated the deceased to commit suicide by consuming huge quantity of Benzodiazepine tranquilizing drug and, therefore, looking to the gravity of the offence and the role of the petitioner in the incident, but without expressing any final opinion on the merit and demerit of the case, I do not find it a fit case in which benefit of bail is to be granted to the petitioner at this stage of the proceedings under Section 439 Cr.P.C.
Consequently, the application for grant of bail under Section
439 Cr.P.C. is, hereby, dismissed.
(PRASHANT KUMAR AGARWAL), J
teekam S.No.13
“All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.”
Teekam Khanchandani Private Secretary
2 issues framed by the court
Whether bail should be granted to the accused-petitioner accused of instigating the suicide of his wife under Sections 306 and 498-A IPC?
Whether the petitioner's alleged role in the suicide makes him an unfit candidate for bail under Section 439 Cr.P.C.?
1 provisions across 1 enactments
Manish Agarwal
State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
