DEEPAK MITTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the instant petition filed under Section 439 Cr.P.C. seeking benefit of regular bail to the petitioner pending trial in case FIR No. 349 dated 27.12.2014, under Sections 328/302/34 IPC (challan presented under Sections 306/34 IPC) and Sections 13A-3/67 of the Public Gambling Act, registered at Police Station Civil Lines Kaithal, District Kaithal. Counsel for the parties have been heard.

(2.) Deceased in the present case is Gaurav. FIR under Sections 328/302/34 IPC was registered initially on the statement of Raj Kumar i.e. father of the deceased. As per the initial statement, allegations were with regard to the present petitioner, namely, Deepak Mittal and co-accused, Puneet Kumar having administered sulfas tablets to his son. Gaurav is stated to have expired on 27.12.2014.

(3.) It has gone uncontroverted that on 28.12.2014, Raj Kumar suffered a supplementary statement and as per which his son Gaurav had been indulging in cricket betting for the last 2/3 years along with the present petitioner as also Kuldeep and other friends. Complainant has stated that Gaurav owed a lot of money to Kuldeep, Deepak (present petitioner) and some other friends on account of betting. It is further alleged that all the accused had been pressuring Gaurav to return the money which they had lent to him for betting purposes and it was on account of such pressure and harassment that Gaurav had consumed sulfas tablets.