1 25 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5538/2009. Dodha Khan & Anr. Vs. The State of Rajasthan .. Date of Order :: 11th November 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Pradeep Shah, for the petitioners. Mr. Mahipal Bishnoi, Public Prosecutor. Mr. Tribhuvan Singh, for the complainant. ... BY THE COURT: The petitioners are said to be accused of the offences under Section 306 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in FIR No.88/2009 Police Station Sedwa, District Barmer essentially on the allegation that they are responsible for the suicidal death of one Poonama Ram for having threatened and harassed the deceased so as to dissuade him from standing as a witness against them. It is submitted in this bail application that there is nothing on record to connect the petitioners with the alleged suicide of Poonama Ram; and that the petitioners are not the accused persons in any other criminal case wherefor they could have extended any threat or even any suggestion to the deceased, whether to stand as a witness or not. The case diary has been placed for perusal by the learned Public Prosecutor and therefrom it appears that in a criminal case against other persons, Bashir, Harun and Nura, pertaining to the offences under Sections 302, 201 IPC and Section 3(2)(v)(vi) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the 2 deceased Poonama Ram and so also another person Chaina Ram son of Chola Ram Meghwal were the witnesses. It has come on record that on 03.10.2009, the said Chaina Ram made a complaint about Dodha Khan and Najir (the present petitioners) threatening him and asking him to alter the statements. After such a report, the said witness Chola Ram was taken ill, was hospitalised, and died for heart-failure. The suggestions have also come on record that the present petitioners extended threats to the deceased Poonama Ram if he would stand as a witness in the said case; and Gulla @ Gulia son of Sona Khan (another accused in the present case) attempted to threaten the daughter of the deceased Poonama Ram and also threatened Poonama Ram of abduction of his daughter. It is suggested that on being harassed and pressurized by these persons for his being a witness in the said case involving the offence under Section 302 IPC that Poonama Ram committed suicide. Having perused the case diary and having considered the facts and circumstances, and so also the background, of this case, this Court does not feel inclined to grant indulgence to the petitioners. Accordingly, this bail application under Section 439 Cr.P.C. moved on behalf of the petitioners Dodha Khan S/o Sakhar Khan and Najir Khan S/o Sumar Khan stands rejected. (DINESH MAHESHWARI), J. //Mohan//