GURU PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present bail application filed under Section 438 of the Code of Criminal Procedure 1973 for grant of the anticipatory bail in connection with case FIR No.33 of 2014 dated 8.9.2014 registered under Sections 306 and 506 Indian Penal Code at Police Station Renukaji, District Sirmour Himachal Pradesh.

(2.) It is pleaded that deceased Kamlesh Dutt was posted as Shashtri teacher at Government School Kandaiwala and he committed suicide on the intervening night of 5th/6th September, 2014 and had left suicide note. It is further pleaded that applicant is not connected with the commission of the offence and it is further pleaded that the applicant has performed his duty in the official capacity. It is further pleaded that the petitioner will join investigation of the present case. It is further pleaded that applicant will abide by all the terms and conditions of the Court. Prayer for acceptance of bail application sought.

(3.) Per contra police report filed. As per police report, FIR No.33 of 2014 dated 8.9.2014 under Sections 306, 506 Indian Penal Code Police Station Renukaji, District Sirmour Himachal Pradesh is registered against the applicant. There is recital in the police report that the deceased was transferred in the month of February 2014 from Government High School Janglabhud to Government Senior Secondary School Vikrambag as per order of Deputy Director (Elementary) Education. There is recital in the police report that transfer order received in the Janglabhud School after four months on 17.06.2014. There is further recital in the police report that the deceased was not allowed to relieve from Janglabhud school as per resolution passed by the Managing Committee. There is further recital in the police report that thereafter on dated 25.8.2014 Director (Elementary) Education ordered to adjust the deceased in Chakali school or Banethi School. There is further recital in the police report that thereafter on 3.9.2014 Deputy Director (Elementary) Education, District Sirmour passed the transfer order of deceased to Banethi School. There is further recital in the police report that transfer order of deceased from Janglabhud to Banethi schools were prepared by the applicant Superintendent Grade-II. There is further recital in the police report that the copies of order were not transmitted to transferee school and were also not transmitted to school from where the deceased was to be relieved. There is further recital in the police report that deceased Kamlesh Dutt, Shashtri obtained the copy of his transfer order from Deputy Director (Elementary) Education Nahan. There is further recital in the police report that the applicant performed the work of cutting in the order. There is further recital in the police report that when the deceased reached in GSSS Banethi along with his transfer order then the Principal GSSS Banethi told the deceased that relieving report is not addressed to Banethi School but is addressed to GSSS Vikrambag. There is further recital in the police report that deceased told the principal that he would get amend the transfer order. There is further recital in the police report that in the meanwhile the deceased telephoned his younger brother Rajesh and informed him about the incident of his transfer. There is further recital in the police report that the applicant also misbehaved with deceased Kamlesh Dutt. There is further recital in the police report that if the applicant is released on bail then the applicant would tamper with the record and will destroy the evidence. There is further recital in the police report that deceased had committed suicide by way of jumping into Renuka lake due to the above stated incident. There is further recital in the police report that deceased had also written a suicide note. Prayer for rejection of the bail application sought.