The court ruled that misinterpretation of conversations does not establish abetment of suicide, and thus, bail was granted.

Judgment

Mr. Sureshwar Thakur, J.

The instant petition has been filed under Section 439 CrPC, seeking the indulgence of regular bail, to the petitioner in respect of FIR No. 79 of 24.8.2018, registered under Section 306 of the IPC (Section 201 of the IPC added subsequently), at Police Station GRP Sonipat, District Sonipat.

2. Though the learned State counsel, has vehemently argued, qua the maintainability of the instant petition, before this Court, on the ground, that the earlier bail application filed by the petitioner rather became dismissed by the learned trial Judge concerned, on 2.12.2021, besides on the ground, that his earlier bail petition bearing No. CRM-M-10999 of 2022, became also dismissed by this Court on 22.7.2022. However, the above ground relating to the maintainability of the instant petition, before this Court, is rejected, as there appears to be a change in circumstances since the earlier filed petition, and, the institution of the instant petition before this Court. The said changed circumstance, arises from the factum, that the handwriting expert concerned, has now opined, that the suicide note of the deceased was, as a matter of fact, scribed by him.

3. Moreover, the additional changed circumstances since then uptil now, is comprised in the factum of the CDR enclosing thereins, the respective voices of the petitioner, and, of one Ajay Kumar is placed on record, and, with the report of the FSL concerned, that the voice(s) thereins of one Ajay Kumar, and, of the present petitioner, are compatible with their respective sample voices, as became purveyed by each of them, before the investigating officer concerned.

4. The deceased Ankit was an employee of the present petitioner, and, was demanding his salary from him. However, there was refusal of liquidation of salary to him by the present petitioner, thus leading the deceased, and, other co-employees to thereby uncontrovertedly access the Labour Court concerned, for thus seeking liquidations to them of their claims for unpaid salaries rather by the present petitioner.

5. The potent incriminatory material, thus instigating or goading the deceased to commit suicide, and, thereby the present petitioner abetting the commission of suicide by the deceased one Ankit, is comprised in the factum, that apart from the scribed suicide note, provenly authored by the deceased, there exists audio recorded CDRs proven to be, as stated above, in the respective voices of one Ajay Kumar, and, of the present petitioner, whereins speakings occur, that the present petitioner, is purportedly threatening the deceased, to thus implicate him, in a case of molestation of co-female employees, besides his refusing to pay him his salary.

6. The post-mortem report contains the hereinafter extracted opinion with respect to the cause of demise of deceased Ankit.

“In my opinion the cause of death in this case is multiple injuries described. Possibility of injuries having been caused by any asphyxiating, crushing, dragging force including railway traffic accident cannot be ruled out.”

7. Therefore, a reading of the above opinion, as made by the doctor concerned, viz-a-viz the cause of demise of the deceased, does reveal, that the deceased had laid himself on a railway track to thereby cause his demise. As such, his demise is suicidal. The commission of suicide by deceased Ankit is contended by the learned State counsel, to arise, from the present petitioner rather the above manner abetting the same.

8. The present petitioner would become denied the facility of bail only when the conversations, which occur inter se one Ajay Kumar and the present petitioner, becomes construable to be of sufficient potent instigator effect, to thereby goad the deceased to commit suicide.

9. A reading of the transcript of the audio recorded conversation (Annexure R-1) which becomes appended to the reply, as furnished to the instant petition, by the learned State counsel, reveals, that the said conversation rather did not occ