Punjab-Haryana High Court
Rajesh @ Bholu vs State Of Haryana on 29 November, 2022
CRM-M No.30679 of 2022 (O&M) on oe
207 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.30679 of 2022 (O&M)
Date of decision : 29.11.2022
[email protected] aaa Petitioner
versus
StateofHaryana 2 ee Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
ke
Present :- Mr. Mohan Singh Rana, Advocate
for the petitioner.
Mr. Sumit Jain, Addl.AG, Haryana.
ke
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant
of regular bail to the petitioner in case F.I.R. No.382 dated 30.12.2021
registered under Sections 302 & 328 IPC at Police Station Furrukh Nagar,
District Gurugram.
The matter pertains to an unfortunate incident wherein the
petitioner is stated to have administered poison to his 4 years old son before
consuming the same himself in order to commit suicide due to matrimonial
discord with his wife. Complainant is sister of the petitioner who stated as
under :-
"that she has three brothers and name of her younger brother Rajesh: that
Rajesh lives with his wife Payal and children in a separate house: that
Rajesh has two sons namely Mohit (10 years) and Bharat (4 years); that
before one month wife of her brother Rajesh left him for another man
namely Monu Kumar son of Devinder Singh; that in search of his wife, her
brother Rajesh gave a complaint before Police Station, Farrukhnagar also
qua her disappearance; that after 20 days her brother called her and told
POOJA SHARMA
2022.11.29 19:31
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authenticity of this order/judgment.
CRM-M No.30679 of 2022 (O&M) 20:
that he is very harassed and aggrieved by the acts of his wife Payal due to
which he is forced to an extent that he feels like committing suicide also
administering poison to his sons; that after hearing his phone call, she
went to his home in the evening and tried to console him and asked him to
forget her and focus on the upbringing of his children; that her brother
understood the situation and thereafter started focusing on his children;
that but innically after two days his wife Payal returned home; that after
return of Payal everybody asked him to live with his family peacefully;
that on 29.12.2021, she received a phone call at around 8:00 p.m., from
her elder sister-in-law that Rajesh committed suicide due to torture of his
wife and he also administered poison to his younger son namely Bharat
due to which Bharat died; that he also took the same poison to commit
suicide; after hearing information, she reached the spot; that Rajesh was
admitted to the hospital and later on saved by doctors. Hence, she
requested to take action against the real culprit."
Petitioner is in custody since 04.02.2022. Challan stands
presented. Complainant already stands examined.
Counsel for the State is not in a position to dispute the
aforementioned factual position.
Without commenting on the merits of the case and keeping in
view the mitigating circumstances, in which the occurrence took place and
the period of incarceration suffered by the petitioner, the present petition is
allowed. The petitioner is ordered to be released on bail on his furnishing
bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate,
concerned.
Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
29.11.2022
Pooja sharma-I
Whether speaking/reasoned Yes
POOJA SHARMA Whether Reportable : No
2022.11.29 19:31
| attest to the accuracy and
authenticity of this order/judgment.
