ANAND PRAKASH BARMERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Learned Counsel for the Applicant and the Learned Public Prosecutor assisted by Learned Counsel appearing for the Complainant. Perused the material available on record. An FIR (121/2012) has been registered inter alia against the applicant herein for offence under Sec. 306 IPC at Police Station Pratap Nagar, Jodhpur.

(2.) LEARNED Counsel for the Applicant submits that indisputably the First Informant Smt. Rashida Bano sold the House to Smt. Mukta by way of an agreement dt. 17.03.2009 for a consideration of Rs. 22 Lacs. It is submitted that a sum of Rs. 3.51 Lacs was paid to Smt. Rashida Bano in Cash on 24.02.09 by the purchaser Smt. Mukta and the remaining amount of Rs. 18,49,000/ - was paid by way of pay order No, 216136 dt. 17.03.2009 drawn on Oriental Bank of Commerce, Branch Sojati Gate, Jodhpur. Learned Counsel submitted that Smt. Mukta has further sold the disputed House vide agreement dt. 03.03.2012 in favour of Shri Manish Soni for a consideration of Rs. 40 Lacs. Learned Counsel submitted that the First Informant Smt. Rashida Bano during the lifetime of her Husband executed an agreement dt. 03.03.2012 in favour of Shri Manish Soni agreeing to vacate the House on payment of Rs. 8 Lacs. Accordingly, it is submitted by Learned Counsel that the allegations leveled that Shri Abdul Jabbar has committed suicide on account of harassment being made by the applicant by raising demand for money are absolutely false. Learned Counsel submitted that on the facts and in the circumstances of the Case, by stretch of imagination in can inferred that the Applicant has abetted the commission of suicide by the deceased Abdul Jabbar. Precisely/according to the Counsel for the Applicant, the basic constituents of an offence under Sec. 306 IPC are not satisfied in the matter.

(3.) HAVING regard to the nature of accusation and taking in to consideration, totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case I deem it just and proper to enlarge the accused applicant on Bail. Accordingly, this Bail application filed under Sec. 439 Cr.P.C is allowed and it is directed that applicant Anand Prakash Barmera S/o Late Shri Ratan Lal Barmera shall be released on Bail in connection with FIR No. 121/2012 of Police Station Pratap Nagar, Jodhpur, provided he executes a personal Bond for a sum of Rs. 20,000/ - with two sound and solvent sureties of RS. 10,000/ - to the satisfaction of the Learned Trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the Trial.