JUDGMENT : Sandeep Mehta, J. 1. This anticipatory bail application under Section 438 Cr.P.C. has been filed by the accused-petitioners apprehending their arrest in connection with F.I.R. No. 26/2021, Police Station Gogameri, District Hanumangarh for the offence under Section 306 IPC. 2. I have heard and considered the submissions advanced at bar by learned counsel representing the petitioners, learned Public Prosecutor, learned counsel representing the complainant and have gone through the case diary. 3. The F.I.R. came to be lodged with an allegation that the petitioners herein, fraudulently induced Sheeshpal who was a deaf and dumb man and instigated him to file a revenue proceedings against his own father i.e. the deceased Shri Harfulal. The complainant Suresh S/o Harfulal and Harfulal himself, implored the petitioners not to indulge in such foul activities but, the accused allegedly instigated Harfulal that he had grown old and was a load on the earth. It is alleged that being severely perturbed by this instigation given by the petitioners, Harfulal ended his life by hanging himself to a tree on 11.02.2021. The FIR above came to be lodged at the Police Station Bhadra by Shri Suresh S/o Harfulal whereupon, a case for the offences under Sections 306 and 34 IPC has been registered against the present petitioners who have approached this Court seeking pre-arrest bail apprehending their arrest. 4. Shri Praveen Vyas, learned counsel representing the petitioners, vehemently and fervently urges that the entire set of allegations levelled by the first informant in the FIR is totally false and cooked. The revenue suit which came to be filed by Sheeshpal against Harfulal was registered in the month of September, 2020. The petitioners are the maternal uncles of Shri Sheeshpal who is a differently abled person. As Sheeshpal was being deprived of his rights in the ancestral property, the petitioner Premchand bonafide assisted Sheeshpal to file a suit. The petitioners had no role to play in the suicide of Shri Harfulal. He thus urges that the petitioners deserve indulgence of pre-arrest bail in this case. 5. Learned Public Prosecutor and learned counsel representing the complainant vehemently and fervently opposed the submissions advanced by learned counsel representing the petitioners. However, it is apparent that the suit which came to be filed by Sheeshpal against the deceased was registered in the month of September, 2020.
5. Learned Public Prosecutor and learned counsel representing the complainant vehemently and fervently opposed the submissions advanced by learned counsel representing the petitioners. However, it is apparent that the suit which came to be filed by Sheeshpal against the deceased was registered in the month of September, 2020. A suicide note was recovered from the pocket of the deceased Harfulal wherein, all that has been alleged that persons named Jainarayan, Vinod, Shyamlal, Premprakash, Mahaveer and Hansraj were threatening that they would kill him (Harfulal) and that these people had confined Sheeshpal. Be that as it may. The handwritten notes recovered from the pocket of jacket worn by the deceased at the time of suicide provide the best material support of the prosecution case and are reproduced hereinbelow for ready reference:- ^^t;ukjk;.k lgw fouksn lgw iq= t;ukjk;.k lgw ';keyky lgw iq= jktjke lgw izse izdk'k /kk;y ¼>kM+lj½ egkohj /kk;y^^ galjke /kk;y^^ ;s yksx gS fd gjQwy lgw viuh tqcku ls dg jgs gS fd ;s lc eq>s dg jgs gS fd eq>s dHkh Hkh ekj ldrs gSaA bu yksx dh otg ls dqN Hkh gks ldrk gSA bu yksxks dk bjknk eq>s ekjus dk gSA eq>s fdlh rjg ls dgha Hkh ekj ldrs gSA esjs csVs f'k'kiky dks bUgh 6 yksxksa us xk;c fd;k gSA uksV %& ;g i= e`rd gjQwy dh mijh tsc esa feyk gS tks tfj;s QnZ tqnkxkuk dCtk esa ysdj 'kkfey fe'ky eq-ua- 26@2021 ih,l xksxkesM+h fy;k x;kA lksguyky ,,lvkbZ ih,l xksxkesM+h dsEi jksgh uqvk Sd/- lqjs'k dqekj ¼d`".k dqekj iq= i`Fohjkt fnukad 12-02-2021½ igys t;ukjk;.k vius ekek dks yk;k vkSj mls j[kk dsbZ lky igysA ekek ds ikl 60 gtkj :fi;ks ysyh;k vkSj ekek dk ?kj csp fn;k vkids ?kj esa ykdj 6 ekg rd ikl j[kk vkSj fQj t;ukjk;.k us mUgs dq,a esa xsj fn;k vkSj blesa izse th dh lgEerh Hkh FkhA uksV %& ;g i= e`rd gjQwy dh mijh tsc esa feyk gS tks tjh;s QnZ tqnkxkuk dCtk iqfyl esa fy;k tkdj 'kkfey eh'ky eq0 ua0 26@2021 ih,l xksxkesMh esa fy;k x;kA lksguyky ,,lvkbZ ih,l xksxkesMh dsEi jksgh uqoka fnukad 12-2-2021 Sd/- lqjs'k dqekj ¼d`".k dqekj iq- i`Fohjkt½ 6. On a wholesome reading of the so called suicide note, it cannot be concluded with any degree of certainty that the deceased felt that conduct of the petitioners would lead him to the only fate i.e. of ending his life. 7.
On a wholesome reading of the so called suicide note, it cannot be concluded with any degree of certainty that the deceased felt that conduct of the petitioners would lead him to the only fate i.e. of ending his life. 7. In this view of the matter, and having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C. The comments made hereinabove shall be considered restricted to this bail application only and will not prejudice the final outcome of the case. 8. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners Prem Chand and Mahaveer in connection with F.I.R. No. 26/2021, Police Station Gogameri, District Hanumangarh, the petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and (iii). that the petitioners shall not leave India without previous permission of the court.