HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
__
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
Order
10/10/2017

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
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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
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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

record.

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.

(P.K. LOHRA),J.

Twinkle Singh/72