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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the case diary.
This anticipatory bail application has been filed by the
petitioner apprehending his arrest in connection with F.I.R.
No.101/2017, registered at Police Station City Kotwali, District
Bhilwara for the offences under Sections 306 and 309 IPC.
The prosecution has set up a case that the petitioner used to
harass Smt. Lata wife of first informant Sundar Das as a result
whereof she allegedly committed suicide on 15.12.2016. However
no FIR was lodged of the said incident and even the body was
cremated without intimating the police. In the case at hand, it is
alleged that Sundar Das, his son Yash and his mother Vidhya Devi
got perturbed because of the suicidal death of Smt. Lata and as a
result, all the three consumed some poisonous substance in an
attempt to end their lives. Sundar Das and Yash survived but Smt.
Vidhya Devi passed away. The investigating officer has found the
offences under Section 309 and 306 IPC proved against the first
informant Sundar Das whereas the petitioner is being proceeded
for the offence under Section 306 IPC presumably for abetting the
alleged suicidal death of Smt. Lata.
I have heard and considered the arguments advanced by the
learned counsel for the petitioner and learned Public Prosecutor
and have perused the case diary. No FIR was lodged in relation to
the suicide allegedly committed by Smt. Lata. Even her body was
cremated without intimation to the authorities. Thus, I am of the
opinion that the petitioner deserves to be enlarged on anticipatory
bail.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner Prakash in connection with
F.I.R. No.101/2017, registered at Police Station City Kotwali,
District Bhilwara, the petitioner shall be released on bail; provided
he 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 petitioner shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner 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 petitioner shall not leave India without previous permission of the court.