Tanuj Madan vs State of Haryana

The 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.