PARVEEN LAKRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in FIR No. 249 dated 8.07.2018 registered under Section 306 IPC at Police Station Sector 56, Gurugram.

(2.) In brief, a complaint was filed on the ground that the father of the complainant had committed suicide and had left a suicide note stating "I am taking this painful step, for which only and only Devinder Lakhra son of Kewal Singh and his entire family who are resident of House No. 663, Mundka are responsible in every manner. I am attaching one declaration cum affidavit, in which complete details is there that how this family has looted me and has destroyed me. My soul will only rest in peace when strict punishment will be given to them because by visiting courts again and again from the last 6 years, I am harassed. I am making one more prayer that neither my family, any friend, any office staff, shall be called for enquiry/investigation nor they be harassed. I am making one more request to you that post-mortem shall not be conducted on my body." Based on the suicide note, a FIR was registered at Police Station Sector 56, Gurugram against the brother of the petitioner namely, Devinder Lakra.

(3.) Learned counsel appearing on behalf of the petitioner herein submits that he has not been specifically named either in the suicide note, in the FIR registered or in the report presented under Section 173 Cr.P.C. It is argued that even in the SIT constituted, his name did not figure and all the allegations were against his brother Devinder Lakra who has since been arrested. Learned counsel appearing for the petitioner further contends that the name of the petitioner would be reflected at Point Nos. 4 and 5 in the questioner that was prepared by the deceased which formed a part of the suicide note. It is argued that the petitioner did not have any contact with the deceased during that period and it can not be said that he was guilty of an offence under Section 306 IPC. It is further contended that the petitioner has been indicted in the present case being the real brother of the main accused Devinder Lakra, whereas he has nothing to do with the alleged transactions between the deceased and Devinder Lakra.