HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail No. 6008/2018

Geo Varghese S/o Shri K.g. Varghese, R/o A-391, Railway

Colony, Jagatpura, Jaipur. (At Present In Central Jail, Jaipur)

----Petitioner

Versus

State Of Rajasthan Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Arvind Kumar Gupta with

Ms. Mudita Sharma

For Respondent(s)

For Complainant(s)

:

:

Mr. Sudesh Saini PP.

Mr. Ratan Kaushik

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/05/2018

1.

Petitioner has filed this bail application under Section 439

Cr.P.C.

2.

F.I.R. No 162/2018 was registered at Police Station Sodala,

jaipur City (South) for offence under Sections 306 I.P.C.

3.

It is contended by counsel for the petitioner that the

deceased in this case committed suicide on 26.4.2018, FIR was

lodged on 2.5.2018. As per the FIR, parents of deceased received

a call on 25.4.2018 at 9:00 AM to come to school on 26.4.2018. It

is further mentioned in the FIR that when deceased returned from

school at 25.4.2018, he was under immense stress. It is also

contended that since the deceased was bunking classes, his

parents were informed to maintain discipline in the school.

Petitioner is in custody, his act cannot be considered as one which

tantamounts to abeting of suicide. It is also contended that in the

suicide note mere name of petitioner is mentioned.

5.

Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. Their contention is that

deceased was always complaining about harassment by the

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[CRLMB-6008/2018]

petitioner. Deceased was under immense stress when he returned

on 25.4.2018. It is contended that petitioner had no right to

harass the deceased and petitioner has created a situation where

deceased was left with no other alternative but to commit suicide.

6.

I have considered the contentions.

7.

Considering the contentions put forth by counsel for the

petitioner and taking note of the fact that petitioner is in custody

and is not required for further investigation, also taking note of

the contentions made by counsel for the petitioner, I deem it

proper to allow the bail application.

8.

This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand) together with two sureties in the sum of Rs.25,000/-

(Rupees twenty five thousand) each to the satisfaction of the trial

Court with the stipulation that he shall appear before that Court

and any Court to which the matter be transferred, on all

subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

Seema/18