MAHENDRAKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. bearing C.R. No. 11195036210711 of 2021 registered with Panthawala Police Station, Banaskantha for offences punishable under Ss. 306 , 376(2)(n) , 376(d) and 114 etc. of the Indian Penal Code and also under Sec. 3(2)(v), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) Heard Mr.Chauhan, learned counsel appearing for the appellant, Mr.Dave, learned Additional Public Prosecutor appearing for the respondent - State and Mr.Priyadarshi, learned counsel appearing for the respondent - original complainant no.2.

(3.) Learned Advocate on behalf of the appellant has submitted that the appellant has not instigated the deceased to commit suicide and, therefore, no offence under Sec. 306 of the Indian Penal Code is made out. He has submitted that the quarrel took place between the deceased and the complainant at the house of the complainant and because of that reason, the deceased might have committed suicide. He has submitted that it is alleged in the FIR that the appellant along with other accused have committed an offence of rape on deceased and taken the obscene photographs and video clips of the deceased, however, looking to the charge-sheet papers, no such photographs and video clips were found in mobile phone of the appellant as well as other accused persons. He has submitted that looking to the charge-sheet papers, medical papers and serology report, it appears that the same are not supported the case of the prosecution and there is no any evidence which suggests that the appellant along with other accused have committed an offence of rape on the deceased and, therefore, no offence under Sec. 376(2)(n) and 376(d) of the Indian Penal Code is made out. He has submitted that this Court may release the present appellant on regular bail subject to any stringent conditions as may be imposed by this Court.