Deputy Rai Bhasin vs State

Sat Pal, J.

(1) This is a petition u/s 439 of the Code of Cri. Procedure for release of the petitioner on bail,

(2) Briefly stated the case of the prosecution is that the petitioner was married to the deceased Anita on 26/01/1989 according to Hindu Customs and Rites. It has been alleged that at the time of marriage sufficient dowry, as desired by Anita, has been given by her brother. However, after the marriage, the deceased is alleged to have been harassed by the petitioner and his parents. It is further alleged that whenever the deceased along with her husband came to the house of her brother, they used to pressurise him for selling the house so that they could get their share, but the brother of the deceased had refused to accept this demand. It is further alleged that 2-3months prior to the occurrence, the petitioner came to the house of the brother of the deceased and made a demand of Rs. 20,000.00 for purchasing a second hand car and he also put pressure through the deceased, but the brother of the deceased could not fulfill the demand. It is further alleged that on 14/06/1992, the petitioner came to the house of his in-laws and took the deceased forcibly and while leaving, he gave a threat to his mother-in-law that next days she would weep. It is further alleged that on 1 5/06/1992 at about 6.00 p.m., the brother of the deceased received a telephonic message that Anita''s death had taken place. The brother of the deceased, Therefore, alleged that he was having doubt that her sister Anita had been killed by her in-laws because they were regularly demanding dowry. It may be pointed out here that the deceased had left a suicide note wherein she had stated that she did not want to live and was dying out of her own will and nobody should be held responsible for her death.

(3) Mr. Mathur, the learned Senior Counsel appearing on behalf of the petitioner submitted that the bail was declined to the petitioner by the learned Additional Sessions Judge mainly on the ground that the brother of the deceased had stated in his statement recorded before the S.D.M. that the alleged suicide note was not in the hand writing of his sister. The learned Counsel submitted that now a report has been received from the C.F.S.L. that the alleged suicide note was in the hand writing of the deceased Anita. The learned Counsel further submitted that the petitioner has been in jail since 16/06/1992 and in view of the report received from the C.F.S.L. he should be released on bail.

(4) Ms. Gulati, the learned Counsel appearing on behalf of the State admitted that as per the report received from the C.F.S.L., the alleged suicide note was in the hand writing of the deceased. She. however, submitted that in view of the allegations made by the brother of the deceased, the petitioner should not be released on bail.

(5) I have given my thoughtful consideration to the submissions made by the learned Counsel for the parties. Though the brother of the deceased has made certain allegations of dowry and threats against the petitioner, keeping in view the suicide note and report from the C.F.S.L. I am of the view that the petitioner is entitled to bail. Accordingly, I direct that the petitioner be admitted to bail on furnishing a bail bond in the sum of Rs. 20,000.00 with one surety in the like amount to the satisfaction of the learned Trial Court. With this order the petition stands disposed of.

(6) The observations given by me hereinabove will not have any bearing on the merits of the case.