S.B.CR. MISC. BAIL APPLICATION NO.7595/2008 ASEEN KHAN VS. STATE OF RAJ. 21.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. NA Naqvi, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri NA Naqvi, Advocate on behalf of the applicant Aseen Khan pertaining to F.I.R. No. 613/2008 of Police Station Hindauncity, District Karauli in the offence under Section 306 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that the marriage between the petitioner and the deceased Rahisa was solemnized 12 years back. There is not even an iota of evidence on record which may lead the Court to infer that the petitioner abetted her to commit suicide. From no stretch of imagination, the offence under Section 306 of IPC is made out. In fact the father of the deceased is a Railway employee and resides near the Railway track. The deceased had gone to her parents house where she was crossing the Railway track along with her two kids and accidentally, she along with her two kids was hit by train and thus she died, it is not a case of abatement, rather it is case of accident for which the petitioner is not liable at all and he deserves to be released on bail. The learned Public Prosecutor has opposed the bail petition and has submitted that the deceased was always subjected to cruelty by the petitioner of and on and he used to solicit for Rs.50,000/- cash and one Motor-cycle, when the parents of the deceased failed to fulfill his -2- demand, the petitioner used to beat and torture her. Being distressed with her life, she along with her two kids jumped before the moving train and committed suicide. There is ample evidence on record against the petitioner with regard to abetting his wife to commit suicide, hence, his bail petition may be dismissed. Having considered the submissions advanced by both the parties and perused the relevant material, without expressing any opinion on the merits of the case, I do not feel inclined to grant bail to the accused petitioner in the facts and circumstances of the case. In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG