SANJEEV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second application filed under Sec. 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No. 41 dtd. 9/3/2023 under Ss. 306, 384, 120-B IPC, registered at Police Station Pasiana, District Patiala.

(2.) The translated version of the FIR is reproduced below:-

(3.) Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on the statement of the complainant-father of the deceased. It is further submitted that the allegations against the petitioner are that he along with co-accused were engaged in blackmailing the deceased by purportedly possessing her objectionable photographs. However, there is no direct or substantial evidence on record to link the petitioner with the alleged offences. Moreover, there is no corroborative material on record to implicate the petitioner with the alleged offences. Further, reference is made to the judgment of the Supreme Court passed in Jayedeepsinh Pravinsinh Chavda and others vs. State of Gujarat, passed in SLP(Crl.) No.7957 of 2024), whereby it was held that in order to bring home charges under Sec. 306 IPC, there must be intention and active aiding or abetment of the commission of suicide, and that mere harassment by itself is not sufficient to hold an accused guilty of abetting suicide. It is submitted that in the present case also, the ingredients of Sec. 306 IPC are not made out against the petitioner. Learned counsel further submits that as per the status report, the vaginal swabs of the deceased and DNA samples of the petitioner were got matched at the FSL concerned and the FSL concerned has reported that no semen was detected on vaginal swabs of the deceased. Moreover, no human male DNA was recovered to ascertain the genetic contribution of the petitioner on the relevant exhibits of the deceased. He further submit that the petitioner is in custody since 19/3/2023 and no other case has been registered against him.