Order 14

Order Details: COPY OF ORDER
Pdf Text: CNR-DLND01-003958-2024
SC No. 171/2024
STATE Vs. MANJEET SINGH
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC
04.04.2025
(At 4:00 PM)
1. This order shall decide the fourth bail application filed
under Section 439 of Code of Criminal Procedure, 1973 (in short
‘Cr.P.C.’) by applicant/accused Manjeet Singh.
2. Facts in brief: On 18.02.2024, a PCR call was recorded in
Police Station-Vasant Kunj South vide DD entry no. 55A. As per
the information, one person was found lying in an unconscious
state inside a car bearing registration no. HR08AE7633, parked
near Air Force Station, Rajokari Village Road, Rajokari, New
Delhi. On inspection of the car, dead body of a person, who was
later identified as Pankaj Kumar was recovered. Along with the
body, a note book having suicide note and a video of the
deceased Pankaj Kumar was also recovered. In the FIR, wife of
deceased namely Seema Devi alleged that applicant/ accused and
his family members wanted to grab their property situated at
Prempuri, Village- Jharsa, Gurugram. On 15.02.2024,
applicant/accused forcefully dispossessed the family of the
deceased from the shop and changed the locks of the premises,
which lead to a quarrel between the parties and police complaints
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 1 of 7
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were made from both the sides. The complainant further divulged
that applicant threatened the deceased that he will not let him live
in the locality unless he vacates the premises. After registration
of the FIR, the investigation commenced and applicant alongwith
his wife, mother and two of friends were arrested.
3. Initially, on 11.03.2024, the bail application of the
applicant was dismissed by the court of Ld. ACMM, New Delhi.
Thereafter, application seeking regular bail under Section 439
Cr.P.C. was filed by the applicant before the court of Ld. ASJ,
New Delhi, which was dismissed as withdrawn on 15.03.2024.
Another application was filed seeking regular bail of the
applicant under Section 439 Cr.P.C., which was dismissed by
detailed order of Ld. ASJ, PHC, New Delhi on 21.03.2024. On
07.05.2024, again an application under Section 439 Cr.P.C. for
seeking regular bail was filed before this court, which was
dismissed on merits. On 21.10.2024, an application for seeking
regular bail for applicant Manjeet Singh was dismissed as
withdrawn by the applicant from the Hon’ble High Court of
Delhi. This is the fourth bail application of the applicant Manjeet
Singh before this court.
4. Arguments in detail are advanced from both the sides.
5. It is submitted by the Ld. Counsel for applicant that the
applicant has nothing to do with the suicide of late Mr. Pankaj
Kumar and the applicant has been falsely implicated in the
present matter.
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 2 of 7
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6. The Ld. Counsel for the applicant also submits that late
Mr. Pankaj Kumar had some family dispute amongst his family,
due to which he went out on 17.02.2024 and later committed
suicide. Thus, the applicant has neither instigated nor had any
role in the abetment to commit suicide of the deceased.
7. The Ld. Counsel further contended that in the chargesheet,
there is no iota of proof against the applicant. The FSL report
mentions that no poison of any kind whatsoever has been found
either in the viscera or the vomit of the deceased.
8. Further, Ld. Counsel for the applicant submits that filing of
the supplementary chargesheet establishes that in the CDR report
also, no calls were made by the applicant/accused to the
deceased.
9. The Ld. Counsel for the applicant argued that the dispute
between the parties is civil in nature and the entire allegations
levied against the applicant are contrary to the documents on
record.
10. The Ld. Counsel for the applicant also contended that there
is no proof on the file to establish that the suicide note which was
found in the car of the deceased was written by the deceased.
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 3 of 7
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11. It is submitted by the Ld. Counsel for the applicant that
applicant is in custody for more than six months leading to pre-
trial punishment and violation of his right to life and liberty.
Hence, the bail application is pressed upon.
12. In support of above noted submissions, Ld. Counsel for
applicant/accused relies on the following cases:
➢
Gangula Mohan Reddy Vs. State of Andhra Pradesh, (2010) 1 SCC
750.
➢
Ramesh Kumar Vs. State of Chhattisgarh, (2001) 9 SCC 618.
➢
M. Arjuna Vs. State, Representated by its Inspector of Police, (2019)
3 SCC 315.
➢
Sanju @ Sanjay Singh Sengar Vs. State of M.P., AIR 2002 SC 1998.
➢
Ude Singh & Ors. Vs. State of Haryana, Crl. Appeal No.223 of 2010.
13. This bail application is strongly opposed by the State on
the ground that this is the fourth application seeking regular bail
for the applicant Manjeet Singh. It is further submitted by the
State that there is no material change in the circumstances for
entertaining the present bail application.
14. Ld. Addl. PP for the State submitted that the postmortem
report of the deceased clearly mentions that the death was by
suicide.
15. It is elaborated by the State that on 15.02.2024, applicant
forceably dispossessed the deceased from the shop for which a
complaint was also made by the deceased Pankaj Kumar on
16.02.2024. The tale of continuous harassment and torture
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 4 of 7
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inflicted by the applicant is narrated by the deceased in his
suicide note and is recorded in a video, which points out towards
the culpability of applicant for commission of offence punishable
under Section 306 IPC. The applicant and complainant are
residents of the same locality. Hence, it is contended by the State
that the applicant is in a position to influence the material
witnesses in the present case.
16. This court has considered the arguments from both the
sides and has gone through the record carefully.
17. The perusal of the record reveals that the plea of the
applicant that no offence is committed by him has already been
dealt with in the previous order deciding the bail application of
the accused. Further, on 26.07.2024, this court has taken into
consideration other grounds of the applicant for seeking bail
while dismissing the bail application of the applicant/accused
Manjeet Singh.
18. It is argued by the Ld. Counsel for the applicant that there
is a change of circumstances as after filing of the supplementary
chargesheet, it is mentioned that no poison was found in the
viscera or in the vomit of the deceased. Taking note of this
argument, it is observed by this court from the record that the
forensic report clearly mentions that-
‘postmortem findings are
consistent with death due to poisoning. However, deceased had
consumed alcohol prior to death’. Further, there is a video of the
deceased, which was made immediately before the suicide. This
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 5 of 7
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video gives the detail account of the circumstances under which
the deceased committed suicide and the same cannot be brushed
aside at this stage. Also, there is a suicide note which is
authenticated by the FSL finding, being in the writing of the
deceased.
19. It is further observed by this court that in the present case,
applicant Manjeet Singh is chargesheeted for a grave and serious
offence. This court finds no material change in the circumstances
from the earlier dismissal of the bail application of applicant. The
trial is yet to commence. The material witnesses including the
wife/ complainant and other family members of the deceased are
yet to be examined. As per record, the family of the accused and
the witnesses are residing in the same locality. Thus,
apprehension of extension of threat and influence on the
witnesses and consequent hampering of the trial cannot be ruled
out.
20. The judgments relied upon by Ld. Counsel for the
applicant are more on providing clarity on the ingredients of the
offence of abetment to suicide punishable under Section 306 of
IPC.
21. In light of the above observations, this court is of the view
that this is not a fit case for grant of bail to the applicant/accused.
The bail application of applicant/accused Manjeet Singh is
hereby dismissed.
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 6 of 7
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22. It is clarified that the above observations will have no
bearing on the merits of the case.
23. Copy of this order be given dasti to Ld. Counsel for
applicant/accused. In compliance of
Sanjay Singh Vs. State
(Govt. of NCT of Delhi), Writ Petition, Crl. No. 974/22, copy of
this order be sent to concerned Jail Superintendent to be served
upon the accused/applicant.
(Aparna Swami)
ASJ-07/PHC/New Delhi
04.04.2025
FIR No. 111 /2024
PS Vasant Kunj South
U/Sec. 306/34 IPC Page 7 of 7
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