Aashik vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 10.09.2021 in connection with Crime No.518/2021, registered at Police Station Barwah, District Khargone (M.P.) for commission of offence punishable under Sections 306, 354(D), 506 of IPC.

Prosecution story, in brief, is that applicant and deceased - Arti Bai were neighbours. Applicant used to stalk the deceased and asked her to marry with him. He also threatened her and when this fact since came to the knowledge of the husband of deceased, the deceased suffered mental trauma and social indignation, resulting into her death by self immolation pouring on herself inflammable kerosine oil. The applicant is alleged to have abetted the crime.

Learned counsel for the applicant submits that applicant and deceased were having relationship and when this fact since came to the knowledge of her husband, some quarrel occurred between them due to which she committed suicide. Deceased was having no other option to lodged this FIR against the applicant, therefore, offence under Section 306 is not made out against the applicant as per the observation made by the Apex Court in the case of Shabbir Hussain Vs. State of M.P. (SLP (Crl.) No.7284/2017. He is in custody since 10.09.2021. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application supporting the order impugned.

Having considered the dehati-nalsi lodged by the deceased before her death, statement of her husband -Girish as well as her neighbour Gyarsi Bai recorded under Section 161 Cr.P.C. and also considering the facts and circumstances of the case, without commenting anything on merits of the matter, this Court is of the considered view that it is a fit case for grant of bail to the applicant. Hence, this application is allowed subject to stringent condition that applicant shall not involve in such type of offences in future.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

It is made clear that if it is found that the applicant is involved in the same nature of offence, then the prosecution will file an application for cancellation of his bail.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C., as per rules.