NANDAN Vs. STATE BY NAZARBAD POLICE STATION

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offence punishable under Section 306 of IPC registered in respondent police station Crime No.261/2017.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner during the course of his arguments submitted that no material has been placed by the prosecution to attract the alleged offence under Section 306 of IPC as against the petitioner herein. In this connection, learned counsel for the petitioner read the provisions of Section 306 of IPC, so also, Section 107 of IPC and submitted that to attract the said offence as against the petitioner, the prosecution has to show that there is an abetment of commission of suicide from the petitioner to the deceased. As per the prosecution material, the petitioner herein sent the message to the mobile phone of the deceased and because of that reason, she committed suicide. In this regard he referred to paragraph No.9 of the order of the learned Sessions Judge wherein it is stated that, 'along with the objections, learned Public Prosecutor has produced print out of screen shot of messages sent to the mobile phone of deceased' and submitted that even it is assumed for the sake of argument that such a message has been sent by the petitioner to the deceased, that itself will not make out a case of abetment to commit suicide by the deceased. It is also his submission that sometimes a person may go to depression and it all depends upon person to person. To involve the petitioner in the alleged offence of Section 306 of IPC absolutely there is no such material placed by the prosecution. Petitioner is ready to abide by any reasonable conditions to be imposed. He will co-operate with the investigating agency. Hence, by imposing reasonable conditions, he may be admitted to anticipatory bail.