JUDGMENT : MAYANK KUMAR JAIN, J. 1. Compliance affidavit filed by learned AGA is taken on record. 2. Heard Sri Shailendra Singh, learned counsel for the applicant, Sri S.K. Ojha, learned A.G.A. for the State and A.K. Mishra, learned counsel for the complainant and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No. 119 of 2022, under Section 306 of IPC, Police Station Kotwali, Prayagraj with the prayer to enlarge the applicant on bail. 4. The brief facts of the case are that the informant Amarnath Tripathi, father of the deceased, lodged the first information report against the applicant and other family members stating therein that the marriage of his daughter Nisha Tripathi was solemnized with the applicant in the year 2011 according to the Hindu rituals. He spent Rs. 14 lacs and gave one Hyundai i-10 car in the marriage. After one month of the marriage, mother-in-law of his daughter started quarrelling with the deceased and threatened her to break the marriage. His daughter was serving as a teacher in Jagat Taran Intermediate College, Prayagraj. The applicant was having illicit relations with another lady. This fact was narrated to the informant by his daughter but he asked her to have patience. Two years prior to the date of incident the applicant beat his daughter. A complaint was made to the police regarding this. Prior to the date of the incident, his daughter came to his house and at that time she was not keeping in good health. She was scared of ghosts. After one week, the applicant took her with him. The applicant switched off his own and her mobile. On 19.05.2022 at around 6.00 p.m. he got the information that his daughter has died. He rushed to the house of his daughter and found that the dead body of his daughter was lying on the floor. The Applicant was torturing his daughter and treating her with cruelty. The other family members of the applicant were also indulged in the same activities. 5. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. The Applicant was torturing his daughter and treating her with cruelty. The other family members of the applicant were also indulged in the same activities. 5. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is submitted that initially the first information report was lodged under Section 302 of IPC but on the basis of the post mortem report the matter was converted under Section 306 of IPC and the charge sheet had already been filed. The applicant is the husband of the deceased Nisha Tripathi. The marriage of the applicant was solemnized with the deceased in the year 2011. The allegations made in the first information report are false and concocted and have no substance. The deceased was never subjected to any cruelty. It is submitted that the mental condition of the deceased started deteriorating from the year 2019-20 and she was suffering from intermittent explosive incidents involving repeated sudden episodes of impulsive, aggressive, violent behaviour and angry verbal outburst. The applicant was restrained by the informant himself from providing medical assistance on the ground that the deceased was highly qualified lady and she could not suffer from any kind of mental illness. Later on, the deceased started exhibiting prominent signs of mental illness which included but not limited to self smiling, self muttering, apprehension of continuously being watched, hallucinations seeing dead people and God, apprehension of phone and bank account being hacked etc. She used to abuse and physical assault the applicant and his family members on multiple occasions. The applicant preferred a complaint to the S.S.P. Prayagraj which was referred for mediation but the deceased did not appear before the Officer concerned. Since no action was taken by the police authorities, the applicant moved the application under Section 156(3) Cr.P.C. and thereafter another application in same manner was also moved. The applicant was forced to prefer a divorce petition before the competent Court. He got her examination done by a psychiatrist and preferred an application under Mental Health Act, 2017. The deceased was employed as a Teacher in Jagat Taran Girls Intermediate College, Prayagraj and she was forced to resign owning to her unfounded apprehensions. Around March-April, 2022, she started hallucinating and hearing voices. He got her examination done by a psychiatrist and preferred an application under Mental Health Act, 2017. The deceased was employed as a Teacher in Jagat Taran Girls Intermediate College, Prayagraj and she was forced to resign owning to her unfounded apprehensions. Around March-April, 2022, she started hallucinating and hearing voices. The deceased committed suicide on 19.04.2022 by hanging without any instigation, coercion or abetment by the applicant due to her medical condition. It is further submitted that out of the wedlock one child was born who is 10 years old now and living with the applicant. It is also submitted that the cause of the death of the deceased was ascertained to be asphyxia as a result of anti mortem hanging. No other injury was found on the person of the deceased. It is also submitted that the consultation made with the Psychiatrist and the posts on her Facebook Account are also brought on record through a rejoinder affidavit which also indicates mental status of the deceased. She was referred to a mental hospital by the Psychiatrist for treatment. 6. In support of his submission, learned counsel for the applicant relied upon the judgment of the Hon'ble Apex Court passed in Rajesh vs. State of Haryana, (2020) 15 SCC 359 wherein it is held that “the person who is stated to have abeted the commission of suicide must have played an active role by the act of instigation or doing certain act to facilitate the commission of suicide.” It is argued that there is no evidence available on record which can substantiate that the applicant was even remotely involved in the commission of the alleged offence. 7. Learned counsel further placed reliance upon the judgment of the Hon'ble Apex Court passed in S.S. Cheena vs. Vijay Kumar Mahajan and Another, (2010) 12 SCC 190 , Ude Singh vs. State of Haryana, (2019) 17 SCC 301 , M. Arjunan vs. State, (2019) 3 SCC 315 and Amalendu Pal vs. State of West Bengal, (2010) 1 SCC 707 . 8. It is further submitted that the applicant is languishing in jail since 21.05.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 9. 8. It is further submitted that the applicant is languishing in jail since 21.05.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 9. Per contra, the learned Additional Government Advocate as well as learned counsel for the informant opposed the prayer for grant of bail and argued that the deceased was mentally and physically tortured by the applicant and his family members. All the developments which are narrated by the applicant with regard to alleged illness of the deceased, moving the applications under Sections 156(3) Cr.P.C. and filing of divorce petition, relate to the year 2021. The deceased was subjected to mental and physical cruelty soon after her marriage with the applicant. It is also submitted that the divorce petition was also filed in the year 2021. The alleged application moved under Mental Health Act, 2017 in the year 2021 which shows that all the proceedings were initiated by the applicant under a conspiracy at a particular period of time. The deceased was a highly qualified lady and she was a teacher in Jagat Taran Intermediate College, Prayagraj since last 10 years therefore, all the allegations with regard to her mental illness are false and concocted. 10. It is also submitted that so far as the prescription of the Psychiatrist is concerned, the meditation was advised in the absence of the patient. It is not possible that a Doctor can prescribe the meditation or refer to the higher centre in the absence of the patient therefore, the prescription is produced just to give a colour to the bail application. It is also vehemently submitted that such prescription was not filed before the trial Court when the bail application was moved by the applicant. Under the orders of the Court compliance counter affidavit was filed by the State wherein the statement of Doctor is filed in which Doctor stated that at the time of consultation the patient was not present before him, therefore, the entire exercise does not support the case of the applicant in any manner. It is also submitted that the informant, his wife and other witnesses have consistently corroborated the version of the first information report. The applicant and his family members created such circumstances which compelled Nisha Tripathi to commit suicide. 11. It is also submitted that the informant, his wife and other witnesses have consistently corroborated the version of the first information report. The applicant and his family members created such circumstances which compelled Nisha Tripathi to commit suicide. 11. It is further submitted that none of the family members informed the complainant and his family about the death of his daughter. The information about the death of the deceased was given by the police. Her dead body was brought down in absence of the informant and his family members. Filing of divorce case by the applicant making false allegations against his wife was direct instigation and abatement to commit suicide. She was deeply hurt with the false allegations undermining her dignity. It is also argued that during the period of ten years of the marriage, no complaint was made by the applicant about her mental illness. She was a brilliant student having a degree in M.A. in Geography and she also qualified N.E.T. and C.T.E.T. examination and was teaching for the last ten years. The applicant and his family members were creating an atmosphere that something was wrong with her by putting her into fear of evils. The applicant fled away from the place of occurrence and was arrested on 20.05.2022 and other accused are still absconding. On 23.07.2021 the applicant mercilessly beat the deceased Nisha Tripathi and she informed concerned Chowki-in-Charge and a digital complaint was lodged by the deceased. The contents of that complaint indicate the sound mental status of deceased. 12. I have heard learned counsel for the parties and perused the record. 13. ‘Abatement’ and ‘Abatement of Suicide’ are defined under Section 107 and 306 of IPC respectively. It is deemed proper to reproduce section 107 and 306 of IPC, which reads thus: “107. Abetment of a thing: A person abets the doing of a thing, who: First: Instigates any person to do that thing. Secondly: Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing. Secondly: Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act and thereby facilitate the commission thereof, is said to aid the doing of that act. 306. Abetment of suicide. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 14. The Hon'ble Apex Court in catena of cases has settled the factors to be kept in the mind while considering an application for bail such as Page 25 of the judgment. 15. In the case in hand, it is admitted that the marriage of the applicant solemnized with the deceased 11 years ago and a male child was born out of their wedlock in the year 2014. For a long span of ten years of matrimonial life, there was no complaint against the deceased with regard to her behaviour and about her mental illness. 16. Learned counsel for the applicant placed reliance that an application was moved before the Senior Superintendent of Police, Prayagraj making certain description about the behaviour and conduct of the deceased and it was prayed that a report be lodged and the life of the applicant and his family members be protected. Thereafter, an application was given by Smt. Syama Mishra, the mother of the applicant to S.H.O. Kotwali, Prayagraj describing the behaviour of the deceased. Thereafter since no action was taken by the police, an application under Section 156 (3) Cr.P.C. was moved before the Court of Chief Judicial Magistrate, Allahabad and thereafter another application under same section was moved. Thereafter, an application was given by Smt. Syama Mishra, the mother of the applicant to S.H.O. Kotwali, Prayagraj describing the behaviour of the deceased. Thereafter since no action was taken by the police, an application under Section 156 (3) Cr.P.C. was moved before the Court of Chief Judicial Magistrate, Allahabad and thereafter another application under same section was moved. Reliance has been placed on the report submitted by the concerned police station about the mental status of the deceased. Divorce petition No. 193 of 2021 was also filed mentioning therein the behaviour and conduct of the deceased seeking divorce from her. Certain facebook posts were also placed on the record to indicate the language used by the deceased alleging that the language used in such posts also indicates her mental status. 17. Perusal of the record goes to show that the application given to S.S.P. Praygaraj, S.H.O. Kotwali, Prayagraj, the first and subsequent application under Section 156(3) Cr.P.C. were moved during the period February, 2021 to July, 2021. The divorce petition under Section 13 of Hindu Marriage Act was filed by the applicant on 27.01.2021. Suffice to say that all the exercise was done during the year 2021. Earlier to this period since the date of the marriage it appears that everything was fine and was going smoothly. It is pertinent to mention here that the contents of the applications given to police authority and before the Court and also the grounds taken in the divorce petition are more or less identical. To show the bona fide of the applicant, he consulted a competent Psychiatrist for treatment of his wife-the deceased. Through a rejoinder affidavit, prescription was filed in which meditation was prescribed and the patient was referred to a Mental Hospital, Varanasi for evaluation and IPD management. It is important to note that the patient was not present before the doctor concerned. Through a compliance affidavit this information was brought on record by the learned AGA that the deceased was never admitted to the Mental Hospital, Varanasi. This also indicates that this exercise was done by the applicant just to give a colour to his bail application. At this juncture the argument of learned counsel for the informant is also to be taken into consideration that the aforesaid prescription was not filed before the trial court. This also indicates that this exercise was done by the applicant just to give a colour to his bail application. At this juncture the argument of learned counsel for the informant is also to be taken into consideration that the aforesaid prescription was not filed before the trial court. It is also alleged that the applicant did not allow the deceased Nisha Tripathi to participate in the birth anniversary of her father on 15.05.2022 and her mobile was switched off. It appears that the allegations levelled against the deceased in various applications and divorce petition given by the applicant caused her mental torture and depression which abated her to commit suicide. 18. The Hon'ble Apex Court in Ude Singh and Others vs. State of Haryana, (2019) 17 SCC 301 observed that: “16.1 For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above-referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased. 16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set ups, education etc. Even the response to the ill-action of eve-teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self-confidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances.” 19. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and gravity of the offence, without expressing any opinion on merits of the case, the Court is of the view that the applicant is not entitled for the bail, therefore, the bail application is rejected. 20. Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.