The court upheld the anticipatory bail granted to the respondent, emphasizing that cancellation requires overwhelming evidence of misuse or interference with justice.

JUDGMENT

Deepak Gupta, J.

Petitioner-Sitalan Singh Tanwar, father of the deceased Sumit, is the complainant of the FIR No.874 dated 25.12.2022 registered at Police Station Sector 8, Faridabad under Sections 306/34 IPC.

2. By way of this petition filed under Section 439(2) read with Section 482 CrPC, petitioner has prayed for setting aside the order dated 02.02.2023 (Annexure P2), whereby interim pre-arrest bail was granted to respondent No.2-accused by the Court of ld. Additional Sessions Judge, Faridabad; and the order dated 09.02.2023 (Annexure P3), whereby interim order was made absolute.

3. FIR in question was lodged on the complaint of the petitioner, as per which his son Sumit was married to Pooja (co-accused) in 2015. Two children were born out of the wedlock. It was alleged that about three months ago (prior to lodging of the FIR), Pooja had left for her parental home. She left parental home saying that she was going to matrimonial home but did not reach there. On making search, complainant and his son came to know that Pooja had extra marital affair with Brij Vir @ Sonu - respondent No.2. It was further alleged that said Brij Vir @ Sonu and Pooja visited the house of the complainant and told that they were living happily. They also made Sumit upset by saying unpleasant words to the effect that he was useless and that he was not worth living with Pooja; and that even if he died, Pooja could live her own life. Same thing was also stated by respondent No.2-Brij Vir @ Sonu and thus, they insulted Sumit. It was further alleged by the complainant that due to said abetment on the part of Brij Vir @ Sonu - respondent No.2 and Pooja, his son Sumit had committed suicide.

4. Respondent No.2-Brij Vir @ Sonu applied for anticipatory bail before the Court of Sessions. He was allowed interim bail vide order dated 02.02.2023 (Annexure P2) on the condition that he shall join the investigation. The said interim order was made absolute vide order dated 09.02.2023 (Annexure P3).

5. (i) It is contended by ld. counsel for the petitioner - complainant that while passing the impugned orders, granting anticipatory bail to Respondent No.2, ld. Additional Sessions Judge, Faridabad, failed to appreciate that soon before the death of deceased Sumit, respondent No.2 and Pooja had met the deceased and told him about their illicit relationship and insulted him by stating that he was of no use and thus, instigated the deceased to commit suicide. Suicide note was also recovered by the Police, in which Pooja and respondent No.2 have been blamed for committing suicide. Ld. counsel contends further that there is direct proximate link between the suicide by Sumit and the act of respondent No.2-Brij Vir @ Sonu. Though death of Sumit took place because of hanging, but the circumstances reveal that he was quite depressed and having felt humiliated amongst the family members, friends and society, he committed suicide.

(ii) Ld. counsel for the petitioner contends further that apart from the parameters laid down by Hon'ble Supreme Court in Raghubir Singh v. State of Bihar, (1986) 4 SCC 481 for cancellation of bail, it has also been held by Hon'ble Supreme Court in the case of Myakala Dharmarajam and others v. State of Telangana and another, AIR 2020 SC 317 that it is necessary to examine as to whether the order passed by the Sessions Judge granting bail is perverse and suffers from the infirmities, resulting in the miscarriage of justice or there was likelihood of the accused tampering with the evidence.

(iii) Ld. counsel further refers to Sayara Uruuf @ Afsana v. State of UP [Cr. Misc. Bal Application No.14096 of 2021 decided on 10.08.2021], wherein Allahabad High Court found the proximate link between the act of deceased committing suicide and his hyper sensitive nature and depression due to humiliation amongst the family members, friends etc. on account of bad habits of the accused.

(iii) With these submissions, prayer is made for cancellation of anticipatory b