1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Dinesh Vs. State of Rajasthan S.B.CR. MISC. 2ND BAIL APPL. NO.704/2008 DATE OF ORDER :: February 19, 2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Niranjan Singh, for the petitioner. Mr.J.P.S.Choudhary, P.P. for the State. BY THE COURT: This is second bail application. The earlier bail application came to be dismissed as withdrawn on 9.5.2007 as at that relevant time, the police did not find the case against the petitioner and the petitioner did not apprehend his arrest. However, the Investigating Officer, Police Station, Abu Road was directed to give a notice of seven days prior to his arrest. 2 In the instant case, ultimately the police did not find any case against the petitioner and submitted negative final report and, therefore, the police did not give any notice of arrest. However, the court below took the cognizance of offence and summoned the petitioner by non-bailable warrant. Hence, this bail application. I have heard learned counsel for the petitioner and the Public Prosecutor for the State. I have carefully gone the order impugned and the material available on record. It is contended by learned counsel for the petitioner that after investigation, the police did not find case against the petitioner and submitted negative final report. However, the trial court took the cognizance and summoned the petitioner by non-bailable warrant. According to the learned counsel for the petitioner, there is no essential ingredient of abetment to commit suicide. In the instant case, it appears from the order impugned that after reading some News article in daily news paper Rajasthan Patrika, the deceased started vomiting and ultimately he died committing suicide. The News article 3 published in daily news paper Rajasthan Patrika was in respect of the allowance payable to a lady for vasectomy and alleged to have been misappropriated by the deceased. It appears from the order impugned that after reading the News paper, the deceased went in depression and might have consumed some poison resulting in his suicide. According to the learned counsel for the petitioner whether such a News article can disclose the essential ingredient for abetment to commit suicide. Even police did not find the case. Be that as it may, whether such a News article construe the essential ingredient for the commission of offence i.e. abetment to commit suicide or not is for the trial court to decide on appreciation of the evidence. However, having regard to the facts and circumstances of the case and the fact that the police did not find any case against the petitioner and the trial court has summoned the petitioner by non-bailable warrant, in my view, it would be more appropriate to direct the petitioner to surrender before the Additional Sessions Judge (Fast Track), Abu Road before whom, the case is to be tried on or before 22.2.2008 and if the petitioner surrenders and moves a regular bail application, the trial court may consider the same and release 4 the petitioner on bail on the terms and conditions which the trial court thinks fit to impose keeping in view the fact that no case was found by the police against the petitioner. The bail application is accordingly disposed of. (H.R.PANWAR),J. m.asif/-