Court reject bail of wife in abetment to suicide case
JKUT (Jammu), June-02-2021-( JNF):- CJM Jammu Amarjeet Singh Langeh today rejected the bail application of Champa Devi who was arrested by the police in 306 IPC.
According to the police case that on 13.02.2021, ASI Avtar Singh of Police Post Gadigarh, Jammu recorded the statement of one Vakil Singh (now deceased) who was admitted in GMC, Jammu wherein he divulged that as on present he was working in Dogra Sweet Shop at Karanbagh, Jammu; that previously he and his wife were working in the house of one R.K Kohli as Chowkidar; that said R.K Kohli had illicit relation with his wife and when he came to know about the same, he was shunted out from said job; that on 12.02.2021 said R.K Kohli alongwith 6/7 unknown persons came to his shop, broke the shutter thereof and dared him to come out else he be killed; that due to gravity of the fear and terror so un-leashed, he (deceased) consumed some poisonous substance and that is how has landed up in Govt. Medical College, Jammu after being shifted by owner of shop etc etc. Based on this information, necessary entry was made in the daily diary register of Police Post concerned and matter submitted to Police Station Satwari for registration of FIR where FIR No 38/2021 for offence under section 309 of IPC was registered. Subsequently, complainant died during treatment in hospital at Amritsar and therefore offence under section 306 of IPC was added considering the allegations levelled against applicant in the statement of deceased that police recorded.
CJM Jammu Amarjeet Singh Langeh after hearing Adv Monika Kohli for the applicant whereas APP Kuldeep Kumar Bhat for the prosecution observed that What is also noticeable in the back drop of evidence collected during the investigation is that deceased did not end his life because of his failure to fight with inner demons and normal challenges of life. Instead, all that he stated in a stead fast manner is that the duo of his wife (applicant herein) and co-accused aforesaid brought about such a turmoil in his life by their concerted acts of intimidation, harassment, vengeful behavior and threats of dire consequences that he was driven to consume poisonous substance. According to investigation, the propelling cause for the duo to do all this was alleged illicit proximity between them. Allegations alluded to applicant in light of what is said hereinabove prima facie constitute offence of abetment to suicide. This offence (306 of IPC) carries punishment upto 10 years and thus is grave in nature. It also needs to be pointed out that bail application of co-accused abovenamed was rejected by this court earlier. Finally, having regard to the gravity of allegations, character of evidence collected thus far and the stage of investigation, in my considered opinion no case for grant of bail is made out by the applicant at this stage. This application therefore has no merit at this stage and is accordingly dismissed for foregoing reasons. JNF