JUDGMENT A P THAKER, J. 1. Admit. Ms.Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of admission for respondent No.1 -State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act") in connection with First Information Report registered at C.R.No.I -179/2018 with Gandhidham "B" Division Police Station, District: Kutch for the offences punishable under Sections 306 and 114 of the Indian Penal Code and under Section 3(2)(v), 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Heard Mr.Ashish Dagli, learned advocate for the appellants and Ms.Moxa Thakkar, learned Additional Public Prosecutor for respondent No.1 -State. Nobody appeared on behalf of respondent No.2 at length. 4. Mr.Ashish Dagli, learned advocate for the appellants has mainly contended the same facts which are narrated in the memo of appeal. Mr.Dagli, while referring to the FIR and the papers, has submitted that initially, there was an inquiry of accidental death. He has contended that the present FIR has been lodged after three months of the incident and it is based on the talk with the deceased. He has contended that there is no prima facie offence under the Atrocity Act is made out against the appellants as they are belonging to the same community as that of the complainant. He has contended that the present appellants are resident of the village and they have no any criminal antecedent and they have never made any complaint regarding illicit relationship of wife of the deceased with one Naresh. He has urged to allow the present appeal and the appellants may be released on bail on appropriate conditions. 5. Per contra, Ms.Moxa Thakkar, learned Additional Public Prosecutor for respondent No.1 -State has vehemently submitted that the accused are named in the FIR and the incident had taken place due to illicit relation of one Naresh with the wife of the deceased and due to their mental torture, deceased has committed suicide. She has submitted that there is prima facie evidence against the present accused and conversation between the complainant and the deceased has been supported by the FSL report. She has urged to dismiss the present appeal. 6. She has submitted that there is prima facie evidence against the present accused and conversation between the complainant and the deceased has been supported by the FSL report. She has urged to dismiss the present appeal. 6. It appears that the entire case is based on the allegations that one Naresh had illicit relationship with the deceased and the present two accused were talking with the wife of the deceased. It is alleged that due to mental torture of the accused, the deceased has committed suicide on 13.09.2018. It also appears from the record that the FIR has been lodged after three months of the incident and that too, on the basis that the deceased had told the complainant regarding illicit relationship with one Naresh and talking of the present accused with the deceased and such conversation was prior to one month of the incident. In view of the prima facie facts, it is doubtful as to whether Section 306 of the Indian Penal Code would be applicable to the facts of the case. It also appears from the record that the present appellants are also belonging to the same community and, therefore, so far as the present appellants are concerned, there is no case of committing any atrocity of the complainant or the deceased. 7. It appears that the present accused have no any criminal antecedents and they belong to the village and there is no likelihood of their fleeing away from the justice and there is no likelihood of tempering with the evidence. 8. In view of the above, this appeal is allowed accordingly. 7. It appears that the present accused have no any criminal antecedents and they belong to the village and there is no likelihood of their fleeing away from the justice and there is no likelihood of tempering with the evidence. 8. In view of the above, this appeal is allowed accordingly. The appellants herein are ordered to be released on regular bail in connection with C.R.No.I -179/2018 with Gandhidham "B" Division Police Station, District: Kutch on executing their personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender their passports, if any, to the trial court within a week; (d) not leave the territory of India without prior permission of the concerned Sessions Court; (e) mark presence in the concerned Court regularly; (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial Court at the time of execution of the bond and shall indicate change of residential address if any to the trial Court. 9. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to take appropriate action in the matter. 9.1 Bail bond to be executed before the trial Court having jurisdiction to try the case. 9.2 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 10. The competent authority will release the appellant only if they are not required in connection with any other offence for the time being. 11. At the trial, the trial Court shall not influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the appellants on bail. 12. Appeal is accordingly disposed of. Direct service is permitted, today.