AMIT @ MITTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for grant of regular bail. Learned counsel for the petitioner submits that the petitioner has been in custody for the last six months.

(2.) THE allegations against the petitioner are that he entered the house of the complainant and caught hold of the daughter of the complainant who committed suicide on the next day. It is contended that mere allegation of outraging modesty, itself could not be construed as an act of abetment to commit suicide. In support of his contention the learned counsel has relied upon Suryakanth v. State of Karnataka, 2003(4) RCR(Criminal) 691 (Karnataka).

(3.) I have given my thoughtful consideration to the respective contentions of the learned counsel for the parties. The allegation against the petitioner is that he went to the house of the complainant with an ill intention and he caught hold of the daughter of the complainant. The complainant had earlier got up and noticed that his daughter had been caught hold of by the petitioner. On seeing the complainant and the brother of the deceased, the petitioner pushed aside the daughter of the complainant and ran away from the spot. On the following day, the daughter of the complainant committed suicide. It is a matter to be considered during the trial of the case whether the act or the petitioner can be construed as an act of abetment to commit suicide on the part of the daughter of the complainant. It would be inappropriate to go into this aspect at this stage lest it may prejudice the case of either side. The petitioner is in custody for the last six months and no useful purpose would served in keeping him further incarcerated.