HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 8799 / 2017
Hukam Singh S/o Loon Singh, By Caste Rajput, R/o Jaspali, P.S.
Pipar City, District Jodhpur.
(At Present Lodged At Central Jail, Jodhpur)
State of Rajasthan
For Petitioner(s) : Mr. N.K. Bohra.
For Respondent(s) : Mr. A.S. Rathore, PP for the State.
For Complainant(s) : Mr. Ajay Vyas.
HON’BLE MR. JUSTICE P.K. LOHRA
Apprehended pursuant to investigation into FIR No.148/2017
of Police Station Pipar City, District Jodhpur for alleged offences
under Sections 302 498A IPC, petitioner has laid this bail
application under Section 439 Cr.P.C.
Upon completion of investigation, police in its conclusion
report has dropped offence under Section 302 IPC and has
submitted charge-sheet against petitioner and two others for
offence under Sections 498A and 306 IPC.
Mr. N.K. Bohra, learned counsel for the petitioner, has argued
that for the alleged offence with which the petitioner is charged
i.e. u/s. 306 IPC, the maximum punishment is ten years’
imprisonment. Learned counsel has contended that while it is true
that on the fateful day there were hot altercations between
(2 of 3)
petitioner and the deceased but by no stretch of imagination it can
be construed as abetment of suicide. Mr. Bohra would contend
that constituting offence under Section 306 IPC against an
accused requires his active act or direct act which led the
deceased to commit suicide seeing no option and this act must
have been intended to push the deceased into such a position that
he/she is left with no option but to end the life. Learned counsel
has also submitted that there is no cogent evidence that deceased
was subjected to physical harassment by the petitioner and
moreover both the children, i.e., son and daughter of the
petitioner, have not supported the version of the first informant.
Learned counsel has also urged that co-accused Ms. Om Kanwar
and Ms. Pawan Kanwar have been enlarged on bail and case of the
petitioner is not distinguishable from them. Lastly, learned
counsel has argued that after completion of investigation charge-
sheet in the matter has been filed and petitioner being under
incarceration for last more than three months it would not be
appropriate to prolong his agony by denying bail to him in the
peculiar facts and circumstances of the instant case.
Learned Public Prosecutor has vehemently opposed the bail
application of petitioner. It is argued by learned Public Prosecutor
that during investigation requisite evidence is collected by the
investigating agency to prove offence of abetment of suicide,
therefore, petitioner is not entitled for bail.
Learned counsel for the complainant while reiterating the
submissions made by learned Public Prosecutor has also
strenuously urged that in the backdrop of serious criminal
(3 of 3)
delinquency of the petitioner he is not entitled for grant of bail.
Learned counsel for the complainant has also submitted that other
two accused Ms. Om Kanwar and Ms. Pawan Kanwar were granted
bail while taking note of the fact that both are women, and
therefore, petitioner’s case is not at par with them.
I have bestowed my consideration to the arguments
advanced at the Bar and perused the materials available on
Having regard to the facts and circumstances of the case and
upon perusal of materials available on record including the
autopsy report of the deceased, while refraining to make any
comment on merits of the case, I feel persuaded to accede to the
prayer of the petitioner for grant of bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner Hukam Singh S/o
Loon Singh arrested in connection with F.I.R. No.148/2017, Police
Station Pipar City, District Jodhpur may be released on bail;
provided he furnishes a personal bond of Rs.50,000/- with two
surety bonds of Rs.25,000/- each to the satisfaction of learned
trial Court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.