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High Court of Punjab and HaryanaCRM-M/30727/2024allowed

Vicky Singh v. State Of Punjab

2024-08-13Mr. Justice Kuldeep Tiwari3 pages



      

   

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! "#  $  !" "  --."/$,0 "-+"  "  -1 *2-/$$ /!34.  #  $ !% &'()   & /-3"-,+,--"" 5",","/3+-+ 1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.28 dated 07.06.2024, under Sections 306/34 of the IPC, registered at P.S. Dharamgarh.

2. The backbone for registration of the present FIR is constituted by the suicide of one Jaspreet Singh (since deceased). The allegations levelled in the present FIR are that, Jaspreet Singh had to recover money from Jagsir Singh @ Jaggi and Vicky Singh (petitioner) and when he demanded his money from these persons, they threatened to kill him and did not return any money. Owing to the harassment caused by Jagsir Singh @ Jaggi and Vicky Singh (petitioner), Jaspreet Singh committed suicide by consuming Sulphas tablets.



3. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, as he had never, at any point of time, abetted, induced or instigated the deceased to commit suicide. Therefore, no case under Section 306 of the IPC is made out against the petitioner, as the ingredients of abetment are completely lacking.

4. The learned counsel for the petitioner has further submitted that, although there is a video clip of deceased Jaspreet Singh, wherein he has held the petitioner and his co-accused responsible for his suicide, however, there is no mens rea, which can be attached to substantiate the allegations that the petitioner abetted him to commit suicide. The allegations levelled in the FIR do not carry any truth, rather are flimsy allegations.

5. Notice of motion for 13.08.2024.

6. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

7. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.6   #,7/-1", 31-/"38+", -8 .7 - 1 ",/ , - +3"3  - 829  - -".05",","/-+":;-,4,09,- 19""<3","3,1""9 

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