Allowed

Rakhi v. State of Rajasthan

Rajasthan HC10 Oct 2023CRLMB/11408/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan allowed the bail application of Rakhi, accused of abetting suicide under Sections 306, 34 IPC. The court found no prima facie evidence of instigation, holding that abusive language alone does not constitute an offence of abetment.

What did the court decide?

Petitioner enlarged on bail by executing a bond of Rs.50,000/- with two sureties of Rs.25,000/- each to appear before the trial court.

Rakhi Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:34266]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 11408/2023

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Rakhi W/o Manish D/o Omprakash, Aged About 20 Years, R/o Ward No. 40 Sujangarh Town At Present R/o Sureshiya Basti Hanumangarh (Presently Lodged In Jail Sujangarh)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr.Shreekant Verma.
For Respondent(s)	: Mr.Mahipal Bishnoi,P.P.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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ORDER

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10/10/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.174/2023 registered at Police Station Sujangarh, District Churu, for offences under Sections 306, 34 IPC.

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Learned counsel for the petitioner submitted that as per prosecution, the petitioner is the wife of the deceased Manish, who committed suicide on 16.4.2023, by hanging himself by the neck.

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Learned counsel for the petitioner submitted that there is no evidence to show involvement of the petitioner, who is wife of the deceased for causing instigation or abetment to the deceased to commit suicide. Learned counsel submitted that false allegations of harassment have been levelled against the petitioner only with a view to falsely implicate her in a criminal case.

[2023:RJ-JD:34266]

[CRLMB-11408/2023]

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Lastly, learned counsel submitted that without any positive act on the part of the accused to instigate or aid or abet the deceased to commit suicide, the petitioner cannot be charged for offences under Section 306 IPC.

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Learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Having considered the rival submissions, facts and circumstances of the case, this Court prima facie does not find any evidence available on record indicating that the petitioner by any of her acts instigated or abeted the deceased to commit suicide. In the prima facie opinion of this Court, insulting the deceased by using abusive language will not, by itself, constitute offence for abetment of suicide. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Rakhi W/o Manish D/o Omprakash shall be enlarged on bail in connection with FIR No.174/2023 registered at Police Station Sujangarh, District Churu, provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

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(3 of 3) [CRLMB-11408/2023]

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[2023:RJ-JD:34266]

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satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to so.

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It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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(KULDEEP MATHUR),J

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/tarun goyal/ Sr.No.78

Rakhi v. State of Rajasthan

Case brief

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Rakhi v. State of Rajasthan

Case brief

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