MITTAR SAIN GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to petitioner, in FIR No.58 dated 05.07.2019, under Section 306 of the Indian Penal Code, 1860 (for short ' IPC '), registered at Police Station GRP Amritsar, District Amritsar.

(2.) The above FIR has been registered on the basis of statement dated 05.07.2019 made by Manish Gupta son of late Sh. Praveen Gupta (deceased) with the allegation that he is working in a company at Gurugram and yesterday night, i.e. on 04.07.2019, he was informed by his relative on mobile phone that his father (Praveen Gupta) had died near Jaura Railway crossing, Amritsar as he has been run over by the train. Consequently, he reached at the Police Station, where he was shown nine pages of suicide note, recovered from the person of his father, which he duly recognized in his father's hand-writing. The reason for taking the extreme step of suicide by his father is stated to be that his brother Atul Gupta got married with Nitya Gupta daughter of Vinod Garg in the year 2011 and both were blessed with a son, namely Mahir aged 6 years, but in the year 2018, she died in her matrimonial home. On account of this, an FIR No.155 dated 10.04.2018, under Sections 304-B , 120-B IPC Police Station Civil Lines, Amritsar was registered against his father (Praveen Gupta), Atul Gupta (brother), Anita (mother), Meeta (sister) and his wife Deepali. In view of the above FIR, his father remained in jail for one year and which made him very upset on account of the threat extended by the accused in the present case including the petitioner and implicated him in a false case. Also alleged that even a legal notice was also received from co-accused, namely Shivender Singh, through his counsel, for claiming damages to the tune of Rs.25 lakhs and on account of the harassment by all the accused, he has written a suicide note and committed suicide while jumping in front of the train.

(3.) On 26.08.2019, while issuing notice of motion, this Court has passed the following order:-