VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application u/s. 438 of the Crimial P.C. has been moved by the accused-Vinod Kumar.

(2.) The facts in brief are that on 17.5.2002 Smt. Neetu D/o Rajkumar Choudhary resident of New Delhi was brought to the Global Hospital, Mt. Abu for treatment. She narrated to the treating Doctor Sunil Mangiani that she has consumed some substance and further pleaded that she be saved from death. The person who accompanied her gave his name as ....... that he was going to telephone his native place. He did not return thereafter. During the treatment, the patient breathed her last at about midnight and in her blouse a Salphose pouch was recovered. The matter was reported to the police station Mt. Abu and a case u/s. 174 of the Crimial P.C. was registered. From the personal effects of the deceased, it was discovered that she was a resident of New Delhi and consequently the Delhi Police was informed who contacted Rajkumar Choudhary, the father of the deceased. Rajkumar Choudhary travelled to Mt. Abu and identified the dead body as that of his daughter. He further proceeded to lodge an FIR at Police Station Mt. Abu to the effect that the accused used to come to his house and for some time was insisting the deceased to marry him. Further, it was stated that on 22.4.2002 she was enticed by the accused to go with him and he suspected that she was forced to commit suicide by the accused. The deceased was in private employment and was aged about 19 years. A case u/s. 306 of the Penal Code was registered. The accused applied for anticipatory bail which was dismissed by the learned Additional Sessions Judge, Abu Road. Consequently, this application has been filed in this Court.

(3.) I have heard the learned counsel for the accused and the learned Public Prosecutor for the State and have gone through the case diary carefully. It is not in dispute that the deceased consumed something poisonous as a result of which she died. However, there is no material in the case diary to suggest that the accused abutted her to commit suicide. Statement of Dr. Sunil Manglani has been recorded, according to which the deceased was speaking while she was brought to the Nursing Home and she stated that she has consumed some substance and she may be saved. It is no where basis of which it can be said that she was forced to commit suicide. There is no material to suggest that she was taken from Delhi against her wishes. The couple were staying in a hotel as husband and wife and every circumstance indicates that she accompanied the male companion out of her own volition. In the facts and circumstances of the case, I find it a fit case in which the anticipatory bail filed by the accused-Vinod Kumar be allowed.