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Judgment
27 paragraphs · 264 wordsThe petitioner is seeking regular bail in FIR No.361
dated 20.09.2017 under Section 306 IPC registered at Police
Station Farakpur, District Yamuna Nagar.
Learned counsel for the petitioner contends that
allegations against the petitioner in the FIR are that husband of
the complainant had committed suicide as he was not being paid
the money which was due to him as commission for the recovery
of loan. In the FIR, reference has been made to the suicide note
wherein it is stated that accused namely Tanuj Madan was not
giving his money and when he demanded the same, he was
threatened by the petitioner. He further contends that even if taken on its face value, the allegations would not, prima facie,
constitute an offence under Section 306 IPC, as merely not giving
money to the deceased would not amount to instigation or
compelling him to commit suicide. He further contends that
petitioner is in custody since his arrest on 21.09.2017.
Learned State counsel, upon instructions from ASI
Suresh Kumar, contends that investigation is not complete as
other accused have not been arrested so far.
In view of the submissions of learned counsel for the
petitioner and the petitioner is in custody for over one and a half
month, the conclusion of trial is likely to take some time, I deem
it appropriate to grant the concession of regular bail to the
petitioner.
Consequently, the instant petition is allowed.
Petitioner Tanuj Madan is ordered to be released on regular bail
on his furnishing bonds to the satisfaction of trial Court/Duty
Magistrate.
