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High Court of DelhiBAIL APPLN./1306/2017

Namrata Gill & ANR v. The State NCT Of Delhi

2018-08-01Hon'Ble Mr. Justice R.K.Gauba3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NAMRATA GILL & ANR ..... Petitioners Through:

Mr. Kirti Uppal, Sr. Adv. with Mr.

Sunil Sethi & Mr. Mohit Bhandari, Advs.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr. Akshai Malik, APP for the State with SI Ajit Singh, SOS-I/Crime Branch.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.08.2018 Jasdeep Singh Gill, a middle aged person (approximately 39 years old) at the relevant point of time, committed suicide by hanging himself by neck in an Ashram within the territorial jurisdiction of police station Sunlight Colony on 21.11.2014. This information was logged by DD entry no. 9A received in the police station at about 1.50 p.m. FIR No. 489/2016 came to be lodged on 09.11.2016, in the police station Sunlight Colony virtually two years after the occurrence, for investigation into offence suspected under Section 306 IPC, the focus being on the role of the petitioners herein and one another (Porangada Belliappa Ponnappa). The first petitioner here is the wife of the deceased Jasdeep Singh Gill, while the second petitioner is her father. It is stated that in the suicide note left behind

by the deceased, which was recovered during the inquiry at the scene of occurrence, it seems to carry an innuendo that the deceased was provoked to commit the suicide by the second petitioner, the background being the suspicion of illicit relation between the first petitioner and the other said person (i.e. Porangada Belliappa Ponnappa). Reliance is also placed on the statements of the wife and a relative of the other person i.e. Porangada Belliappa Ponnappa indicating there being some background to the episode which statedly gives rise to suspicion of illicit relation between the aforesaid two persons. Reliance is also placed on an audio recording of a telephonic conversation between the deceased on one hand and the second petitioner on the other, it having been subjected to recording by a relative of the wife of Porangada Belliappa Ponnappa. The authenticity of the audio recording is yet to be verified and confirmed. There is no explanation till date as to why no case was immediately registered if a suicide note to the above effect had been found on day one.

In the above facts and circumstances, a case for anticipatory bail is made out. Thus, it is directed that in the event of the petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bonds in the sum of Rs.10,000/- each with one surety in the like amount subject to the following further conditions:- (i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;

(ii) The petitioners shall not come in contact with or try to influence any of the witnesses connected to the case;

(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer; (iv) They 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/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.

The petition stands disposed of in above terms. Dasti.

R.K.GAUBA, J AUGUST 01, 2018 nk