Satyarth Tiwari S/O Shree Ramesh ... vs State Of Rajasthan
2022 Latest Caselaw 7812 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 17295/2022

Satyarth Tiwari S/o Shree Ramesh Chand Tiwari, Aged About 37
Years, R/o House No. A-58A, Tiwari Bhawan, Major Shaitan
Singh Colony, P.s. Shastri Nagar, Jaipur Rajasthan ( Presently
The Accused Is Confined At Central Jail Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 17296/2022 Ramesh Chand Tiwari S/o Late Shree Brahmdutt Tiwari, Aged About 73 Years, R/o House No. A-58A, Tiwari Bhawan, Major Shaitan Singh Colony, P.s. Shastri Nagar, Jaipur Rajasthan ( Presently The Accused Is Confined At Central Jail Jaipur)

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)         :    Mr. Deepak Chauhan
For Respondent(s)         :    Mr. Mangal Singh Saini, PP
                               Mr. Harendra Singh Sinsinwar with
                               Mr. Shivam

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

14/12/2022

These bail applications have been filed under Section 439

Cr.P.C. The petitioners have been arrested in connection with FIR

No.505/2022 registered at Police Station Shastri Nagar, Jaipur City

(North) for the offence(s) under Sections 306 and 120B IPC.

                                       (2 of 3)                      [CRLMB-17295/2022]


        Learned   counsel     for    the     petitioners          submits   that   the

petitioners have been wrongly implicated in this case. They are

behind the bars since long. Charge sheet has been filed against

the petitioners. Learned counsel for the petitioners also submits

that prior to this FIR, wife of the deceased had lodged FIR on the

same facts against the petitioners in which Investigating Officer

submitted the negative final report. Protest petition is pending in

this matter. Learned counsel for the petitioners also submits that

there is no evidence that petitioners had ever abetted or

instigated the deceased for committing suicide. Learned counsel

for the petitioners also submits that legal proceedings are pending

between the parties. Learned counsel for the petitioners also

submits that as per the investigation of the previous report that

matter pertains to civil nature. Learned counsel for the petitioners

also submits that petitioner-Ramesh Chand Tiwari is 73 years old.

He is an Advocate of the petitioner-Satyarth Tiwari. Conclusion of

trial may take long time. Hence, the petitioners be enlarged on

bail.

Learned counsel for the petitioners has relied upon the

following judgments:- (1) Shabbir Hussain vs. The State of

Madhya Pradesh & ors. (arising out of impugned final judgment

and order dt.10.2.2017 in CRR No.00725/2016 passed by the High

Court of M.P. at Indore) Special Leave to Appeal (Crl.)

No.7284/2017 decided on 10.2.2017; (2) Velladurai vs. State

represented by the Inspector of Police reported in JT 2021 (9) SC;

(3) Rajesh vs. State of Haryana (2020) 4 SCC (Cri) 75 and (4)

Mangat Ram vs. State of Haryana (2014) 12 SCC 595.

(3 of 3) [CRLMB-17295/2022]

Learned counsel for the complainant as well as learned Public

Prosecutor have opposed the arguments advanced by learned

counsel for the petitioners and submitted that petitioners

continuously threatened the deceased and they harassed and

abetted him to commit suicide. Deceased had written a suicidal

note in which he clearly stated that he was going to die on

account of harassment of the petitioners. So, bail be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioners, learned counsel for the complainant as

well as learned Public Prosecutor.

It is admitted position that petitioners had taken money from

the deceased and they had not returned the said money. Legal

proceedings are pending between the parties. Deceased had

written a suicidal note in which he had clearly stated that

petitioners had abetted him to commit suicide. So, no ground is

made out to entertain the bail applications.

Hence, these bail applications filed by the petitioners are

hereby dismissed.

(NARENDRA SINGH DHADDHA),J

Brijesh 114-115.

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