JUDGMENT :

JASMEET SINGH, J

CRL.M.(BAIL) 496/2022

1. This is an application seeking anticipatory bail in FIR No. 644/2020 u/s 306/34 IPC registered at PS Adarsh Nagar and proceedings arising therefrom.

2. The FIR was registered on 23.09.2020 by Mr. Manoj Kumar Gupta, husband of Poonam Gupta.

3. The FIR was registered against Sunil Sharma (Chief Manager), G.P. Patel (Director since 01.06.2020 holding the additional charge of Secretary, CBIP), G.P. Patel (Director) and the Applicant, Secretary (since 31.05.2020 demitted from CBIP) on the grounds that they pressurized and abetted the wife of the complainant, Mrs. Poonam Gupta (Manager, F. & A.) to commit suicide on 05.05.2020 by hanging herself from chunni to the ceiling fan at her residence, I floor of 110/24 Kewal Park, Azadpur, Delhi.

4. It is stated by Mr. Ramachandran, learned counsel for the complainant that the applicant failed to forward the complaint made by the deceased, Poonam Gupta and/or take any corrective measures on the said e-mail.

5. The e-mail of 12.04.2020 is reproduced as under:

“Respected Sir,

With reference to observations given by Mr. Sunil Sharma, Chief Manager, Mr. Vishan Dutt, Chief Manager and Mr. Ashok Kumar, S.P.S. in the trailing mail, it is submitted as follows:

The major points raised by Mr. Sunil Sharma & others are about operations of CBIP employees PF Trust. As you are aware that, the CBIP Employees Provident Fund Trust is about 20 year old. It runs as per rules and regulation for CBIP Employees Provident Fund Trust as given in CBIP Personnel Manual under your guidance. Bank accounts and other activities are operating in the same manner as before my joining the CBIP.

Further, I wish to mention that in rules and regulation for CBIP Employees Provident Fund Trust as given in CBIP Personnel Manual, there is no provision about meeting of members & conducting of elections. Also, all other activities related to operations of said Trust are governed as per rules and regulation for CBIP Employees Provident Fund Trust as given in CBIP Personnel Manual P.F. contributions are being deposited as and when received from the Board as per your direction/orders from time to time. To my knowledge such points were never raised by any member of the said Trust during last 10 years (since my joining).

Now, I wish to bring in your kind notice about the rude behavior of Mr. Sunil Sharma, Chief Manager towards me since my promotion as Manager. He is very senior to me both in experience and age but his behaviour is extremely unbearable. It's humiliating and created hostile work environment for me. I have informed about the bad behaviour of Mr. Sunil Sharma to you and Director (WR) as well at various occasions in past but to my knowledge no action has been taken against Mr. Sunil Sharma so far. His behaviour towards me is getting worsened. This e-mail is the proof of same. Due to this hostile office environment created by him, I am unwell almost since last one month and my office work productivity has gone down. I am very much disturbed.

Now as usual kindly advice whether any reply needs to be given in respect of mail or not.

Thanks & high Regards

Poonan Gupta”

6. He also states that a complaint of 13.08.2019 was also made which reads as under:

“To

The Secretary

Central Board of Irrigation and Power

Malcha Marg, Chanakyapuri, New Delhi-110021

Sub: Inappropriate behaviour of Mr. Sunil Kumar Sharma.

With reference to above it is submitted that behaviour of Mr Sunil Kumar Sharma, Chief Manager (Tech), is inappropriate with respect of office decorum, multiple times he made bad comments regarding my leaves, promotion, disbursing cash and management of office work with staff. Mr. Sunil Kumar Sharma always taunt the junior staff whether they do each and everything after asking from Ms Poonam Gupta. In this connection it is pointed out that it is the duty of undersigned to guide the staff and give suitable instructions in day to day working. His comments are detrimental for the image of a female off