Raju Gowala @ Raj Kumar Anr vs State Of Punjab
2024 Latest Caselaw 18592 P&H

Punjab-Haryana High Court

Raju Gowala @ Raj Kumar Anr vs State Of Punjab on 21 October, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                  Neutral Citation No:=2024:PHHC:137171


CRM-M-52257-2024                                            1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

106                       CRM-M-52257-2024
                          DATE OF DECISION: 21.10.2024

      RAJU GOWALA @ RAJ KUMAR AND ANR
                               ...PETITIONERS

                   Versus

      STATE OF PUNJAB                     ... RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:     Mr. Sachin Rai Vaid, Advocate for the petitioner(s).
             Mr. Jaspal Singh Guru, AAG, Punjab.
             Mr. Ankur Bansal, Advocate for the complainant.


        ***
SANDEEP MOUDGIL, J (ORAL)

1. Relief Sought

The jurisdiction of this Court under Section 482 of the

BNSS has been invoked seeking the concession, for the grant of

anticipatory bail to the present petitioners in FIR No.236 dated

25.09.2024, under Section 108 of BNS, 2023 registered at Police

Station Navi Birandari, Jalandhar, Punjab.

2. Prosecution story, set up in the present case as per the

version in the FIR read as under :-

'Statement ofxds Ritu Bala Gupta w/o Sandeep Kumar Gupta Rio House No. EG-1083 Gobindgarh, Mohalla SD Road Jalandhar, Age-424 Mob. 88378- 69150: Stated that I am a resident of above said address and 1 am a domestic worker / house wife. On 25-09-2024 the time would be 08:00 AM that I was present in my house. My husband Sandeep Kumar Gupta and my son namely Kartik Gupta were also present in the house. My husband Sandeep Gupta was sitting on the Bed in his room,

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then he suddenly vomited, so I went to his room and asked, are you fine, why did You vomit, But My husband did Not Say anything and same time My sister-in-law / JethaniArchanaGoyal Came to our house after hearing My voice. My Sister in law ArchanaGoyal asked My husband, have You eaten any Poisonous thing? Then my husband told her that I have taken wheat Medicine, andAfter saying this, my husband fainted. On which we arrange a ride and took my husband to Tagore Hospital where doctor Checked my husband and told us that the condition of my husband Sandeep Kumar is very bad and asked us to take him to DMC Ludhiana. Then we arranged ambulance and my husband was taken to DMC hospital Ludhiana, where the treatment of my husband was started By Doctor. During the treatment my husband Sandeep Kumar died in the hospital.

When my husband's dead body was brought out from the hospital, then a one page suicide note written by his own hand writing found was found in the upper pocket of my "I Sandeep Kumar Gupta S/o Narender Kumar Gupta am going to die. I was Cheated By Rajinder Bhatia and his brother AmitBhatia, Feed Businessmen,owner of Jamsher Daily Complex, (in tune of RS. 30 lakh) on account of money of the committee. Whenever I asked about money they said we do not have it. Whereas they have been purchasing plots one after another. Elder brother said younger brother will pay to you and younger brother said that the elder brother will pay to you. Elder one sent his Girl / Daughter to abroad. They are the cause of my death. Sandeep Kumar Gupta.

(2) RajuGowala and his Son GaganGowalahas to pay Rs. 18 to 19 lakh to me on account of cattle. They have taken buffaloes from me by deception.I will give 3-4 Lakh Rupees in today or tomorrow. But then, No, Wait for 1-2 days, I will give. Not paid and bullies me (Gal Penda Hai). Do whatever, will not pay, they are reason of my death. They should be given maximum punishment. They should learn lesson that how to cheat someone

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because I also had to make payments. Traders used to pressurize me. Take today, Take tomorrow, my son is getting young. Sandeep Kumar Gupta". My husband has stated in his suicide note written by his own hand writing that he had to take money from the persons mentioned in suicide note. That my husband Sandeep Kumar Gupta repeatedly demanded his money from above said Rajinder Bhatia and his son Amit Bhatia 'Feed Wale'Jamsher Dairy Complex, and RajuGowala and his son GaganGowala; but the above said persons did not return my husband's money due to which my husband Sandeep Kumar Gupta has committed suicide by consuming poising substance after being harassed by the above said person. Due lega action should be taken against Rajinder Bhatia, Amit Bhatia, RajuGowa and his sonGaganGowala. The statement has been written readover an heard by me. The same is true and correct. Signed in English RituBala Gupta Mobile NO. 8837869150. Attestation Vinod Kumar ASI PS:NaviBaradari Commissionerate, Jalandhar.'

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioners has argued that the

petitioners have been falsely implicated in this case. He has relied upon

the judgment passed by this Court in 'Amarjit Singh and ors. vs. State

of Punjab' reported as 2009(2) RCR (Crimial) 229' and has submitted

that the facts of the present case are on similar footing as that of the

decision made in the judgment referred above.

On behalf of the Stat/Complainant

Learned State Counsel appearing on advance notice on

instructions from Investigating officer and counsel for the complainant

vehemently opposes the prayer for grant of concession of anticipatory

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bail stating that the suicide note has been recovered from the deceased,

therefore, to further reveal the truth, custodial interrogation of the

petitioners is required.

4. Analysis

Be that as it may, in light of the aforesaid law relied upon

by counsel for the petitioners and the factual circumstances unfolded

through the instant FIR which are almost identical and similar wherein

the petitioner has to pay 18-19 lakhs against the buffalo purchased from

the deceased but the payment got delayed and, as per the prosecution

case, the deceased stated to have committed suicide. Be that as it may,

prima facie whether the offence under Section 108 of BNS is made out or

not would be subject matter of the Trial Court to the adjudicated,

however, confining to the present petition, prayer for anticipatory bail

has been made out and the judgment passed in Amarjit Singh and ors's

case (supra) would apply to the instant case. Hence, this Court finds no

reason to deny the petitioner the concession of anticipatory bail, wherein

the petitioners have bona fide intentions and are willing to join the

investigation and cooperate for furtherance of the same so that the final

report can be submitted by the Investigating Agency within the stipulated

time period.

5. Decision

Hence, in view of the admitted set of circumstances before

this Court, the petitioners are hereby directed to be released on

anticipatory bail subject to their joining investigation and reporting to

the Investigating Officer concerned within a period of one week from

today, on furnishing of personal/surety bonds to the satisfaction of

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Investigating Officer. The petitioners shall also abide by the terms and

conditions as envisaged under Section 482(2) of BNSS of which are

reproduced below :-

'When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.' However, it is made clear that in case the petitioner does

not comply with the aforesaid direction of joining the investigation

within one week, the order passed by this Court today shall

automatically stand cancelled.

The petition in the aforesaid terms stand allowed.

                                     (SANDEEP MOUDGIL)
                                          JUDGE
21.10.2024
anuradha


Whether speaking/reasoned                  Yes/No
Whether reportable                         Yes/No


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