Anil Rana vs State of Haryana

Tejinder Singh Dhindsa, J.—The petitioner has approached this Court seeking the benefit of regular bail in FIR No. 365 dated 28.11.2013 for offence u/s 306, 120-B of IPC registered at Police Station Parao, District Ambala, Haryana.

Counsel for the parties have been heard.

The present case has been registered on the statement of Dhan Singh on the allegations that his cousin brother, namely, ASI Karan Singh committed suicide on 28.12.2013 and the present petitioner along with co-accused have abetted the commission of such suicide.

During the course of arguments, it has been revealed that ASI Karan Singh had allegedly left behind a suicide note in which the name of Balwinder Kaur-co-accused prominently figured. As per suicide note, deceased-ASI Karan Singh was disturbed on account of registration of FIR No. 164 dated 27.11.2013 under Sections 376(2) and 506 of IPC at Police Station Barara, Ambala, Haryana at the behest of Balwinder Kaur. Still further as per suicide note the present petitioner had allegedly given suggestions and encouraged Balwinder Kaur to level false allegations against ASI Karan Singh and which in turn lead to the registration of FIR afore-noticed.

Admittedly, Balwinder Kaur co-accused against whom the main allegations are there and whose name figured in the suicide note allegedly left behind by deceased-ASI Karan Singh has been granted the benefit of regular bail in the light of order dated 02.04.2014 passed by this Court in Crl. Misc. No. 2889 of 2014.

That apart, it is now well settled that in a case of alleged abetment of suicide that must be proved of direct or indirect facts of incitement after commission of suicide.

Reference in this regard may be made to the decision of Hon''ble Supreme Court in Chitresh Kumar Chopra Vs. State (Govt. of NCT of Delhi), ."

The issue as to whether an offence u/s 306 of IPC would be made out against the present petitioner would be a moot point to be adjudicated upon during the course of trial.

The petitioner has been in custody since 28.12.2013. Investigation in the case is complete and even the challan has been presented.

In the totality of circumstances, this Court is of the considered view that the petitioner is entitled to the concession of bail.

Petition is allowed.

Bail to the satisfaction of Trial Court/Duty Magistrate.

Disposed of.