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news details
Court rejects bail in abetment to suicide case
2/18/2022 10:32:11 PM
Early Times Report
JAMMU, Feb 18: Principal Sessions Judge Samba, Sonia Gupta rejected bail application of one Rakesh Kumar alias Mini S/O Girdhari Lal R/O House No. 1039, Mast Garh, Jammu who was involved in abetment to suicide case.
The police report revealed that on 3-1-2022, an information was received at Police Station, Vijaypur, through PCR Samba regarding the death of Sangram Singh S/O Kawal Singh R/O Jakh Channi, Tehsil Vijaypur, District Samba (hereinafter referred to as deceased) under suspicious circumstances. On this information, inquest proceedings u/s 174 CrPC were initiated, during the course of which, statement of wife of deceased namely, Sudesh Kumari was recorded, who stated that her deceased husband was an ex-serviceman and persons namely, Jagjeevan Sharma @ Jamba, Ashwani Kumar @ Mintu, Pawan @ Foji, Rakesh Kumar @ Mini were known to him, as they are property dealers by profession and had some issues over the give and take of money with her husband.
She said that these persons had threatened her husband to return the money, otherwise he would face the dire consequences. Her husband talked to her about this issue many times and used to say that these persons are threatening him and he has no other option other than to commit suicide. Whenever her husband used to talk about suicide, she convinced him not to think like such acts. Due to harassment and mental torture, her husband committed suicide after consuming some poisonous substance. He also wrote a 'suicide note', which she produced before the police.
On the basis of statement of wife of deceased, a case vide FIR No. 01/2022 U/Ss 306/34 IPC was registered at Police Station, Vijaypur, and investigation commenced. During the course of investigation, IO seized the inquest proceedings file, prepared its seizure memo and recorded the statements of witnesses u/s 161 CrPC. During search, accused Kuldeep Raj was arrested. Post mortem report of the deceased was obtained from GMC Jammu. IO also seized personal diary, five cheques and got the bank statement of account of the deceased, which shows some of the transactions mentioned in the 'suicide note'.
Jagjeevan surrendered before the court and he was taken under police remand, who is now on interim bail. On 31-1-2022, Pawan and Ashwani were arrested, who are also on interim bail, however, the applicant Rakesh is still absconding from the day of commission of offence. From the statements of witnesses and disclosure statements made by the accused persons, it has come in the investigation that applicant used to threaten the deceased to kill him in connection with the payment, which was given to him through cheques as advance for a deal of property located at Kathua.
Moreover, applicant was demanding Rs. 60.00 lacs instead of Rs. 40.00 lacs. Thereafter, applicant/ accused also gave five false cheques worth Rs. 1.30 Crore to the deceased for betraying him in the deal. Applicant/accused visited the in-laws house of deceased to pressurize and defame him. The investigation of the case is under progress and the arrest of applicant is very crucial for further investigation of the case.
Principal Sessions Judge Samba Sonia Gupta observed that suffice is to observe that nature of gravity of accusations is severe and the accusations against the applicant are not prima facie without any basis. The role of the applicant in the alleged crime is under scanner by investigating agency, which requires the custodial interrogation. As such, this plea is not acceptable. Therefore, for the foregoing reasons and discussion made hereinabove, the applicant has failed to make out a case for grant of bail in his favour, in the event of his arrest. The application is, thus, rejected.
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