Vikash @ Vicky And Ors vs State

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor and perused the material available on record.

The petitioners have been arrested in connection with FIR No.3/2019 of P.S. Hanumangarh Sadar, Hanumangarh for the offence punishable under Sections 305, 354A, 306 and 506 I.P.C. and Section 11/12 of Protection of Children from Sexual Offence Act, 2012. This bail application has been preferred on behalf of the petitioners under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is argued that there is no evidence available on record to suggest that the petitioners had instigated deceased Sandeep and his daughter Kamla to commit suicide. It is further submitted that the police have failed to collect any evidence to the effect that the petitioners had blackmailed the daughter of the deceased Sandeep or they harassed her in any manner. It is further submitted that the deceased Sandeep and his daughter Kamla committed suicide due to some family dispute, however, the family members of the deceased have levelled false allegations against the petitioners. Learned counsel for the petitioners has, therefore, argued that in the facts and circumstances of the case, the petitioners may be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that first bail application of the petitioners was rejected as not pressed by this Court on 5.7.2019 and after that, statements of three prosecution witnesses were recorded upto 31.10.2019, however, from the evidence of those prosecution witnesses, it cannot be said that the petitioners have falsely been implicated in this case. It is submitted that other prosecution witnesses have clearly stated that the petitioners and other co-accused persons threatened the deceased Sandeep with dire consequences. Learned Public Prosecutor has, therefore, submitted that the petitioners are not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioners.

Accordingly, the application preferred by the petitioners under Section 439 Cr.P.C. is rejected.