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Judgment
16 paragraphs · 533 words@JUDGEMENT- JUDGEMENT
Kuldeep Mathur, J
These anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with FIR No.153/2023, registered at Police Station Sahawa, District Churu for the offences under Sections 306 and 34 of IPC.
Learned counsel for the petitioners submitted that the deceased- Virendra Singh committed suicide on 28.07.2023 by hanging himself. Learned counsel submitted that the wife of the deceased lodged an FIR against the petitioners for the offence under Section 306 IPC.
Drawing attention of the Court towards the FIR, learned counsel submitted that there is nothing on record to indicate that the petitioners, by any of their act and actions, instigated or aided or abetted the deceased to commit suicide. Learned counsel submitted that the petitioners have already joined the investigation and therefore, no fruitful purpose would be served by sending them behind the bars for an indefinite period. It was thus prayed that the petitioners may be released on anticipatory bail.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail.
Heard the learned counsel for the parties at Bar. Perused the impugned order.
A coordinate Bench of this Court, vide order dated 21.03.2024, directed the learned Public Prosecutor to procure the case diary and the factual report of the case.
In compliance of the order dated 21.03.2024, learned Public Prosecutor has produced the case diary.
Having perused the case diary, this Court prima facie finds that though there were some financial disputes between the petitioners and the deceased but, there is nothing on record to indicate that the petitioners have, by any of their act or actions, instigated or aided or abetted the deceased to commit suicide and thus, in the prima facie opinion of this Court, the ingredients of the offence under Section 306 IPC are not present in the instant case.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.
Accordingly, these bail applications are allowed and it is directed that in the event of arrest of the petitioners (1) Ajit Singh S/o Shri Sundar Singh, (2) Indra Singh S/o Shri Munshi Singh and (3) Rajendra Singh S/o Munshi Singh, in connection with FIR No.153/2023, registered at Police Station Sahawa, District Churu, the petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and
(iii). that the petitioners shall not leave India without previous permission of the court.
A copy of this order be placed in each file.