VIKRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for bail under Sec. 439 Cr.P.C. and appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the petitioners who have been arrested in connection with FIR No.727/2022 registered at Police Station Hanumangarh Junction, District Hanumangarh, for offences under Ss. 306 and 34 IPC and Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) As per prosecution story, on 20/10/2022 the deceased committed suicide by jumping into a canal. As per prosecution, the deceased was being harassed and humiliated by the present petitioner/appellant owing to the fact that high interest was being charged by them against the money lent by them to the deceased. Learned counsel for the petitioner/appellant submitted that the petitioner and appellant have been implicated in a false case. Learned counsel submitted that a suicide note has also been recovered and from perusal of the same, it would be evident that the petitioner and appellant are not guilty of the act of abetment of suicide. Learned counsel submitted that the essential ingredients of the offence under Sec. 306 IPC viz. (i) abetment; (ii) intention of the accused to aid or instigate to abet the deceased to commit suicide are not made out in the present case.

(3.) Lastly it was submitted that there is no evidence available on record capable of suggesting that the accused by any act intended to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, the accused cannot be charged under Sec. 306 IPC. Learned counsel submitted that the petitioner and appellant are 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-petitioners.