Alka Panchal And Two Others vs State Of MP

Satyendra Kumar Singh, J

This is the first application filed under section 438 of the Cr.P. C. for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.246/2021 registered at Police Station Kayatha District Ujjain for commission of offences punishable under Sections 306 and 34 of IPC.

Prosecution story, in brief, is that applicants are real sisters. Applicant no.3 Babita was wife of the deceased Nand Kishore. It is alleged against the applicants that they harassed the deceased physically and mentally due to which he committed suicide by consuming poisonous substance.

Learned counsel for the applicants submit that the deceased was doing job in Hyderabad and due to lockdown he lost his job and returned to Dewas. Applicants financially supported the deceased, but could not fulfill his demands due to which he got frustrated and committed suicide. No specific allegations with regard to harassment has been made in the suicide note of the deceased nor statement of prosecution witnesses. Applicants have been falsely implicated in the matter. Applicant no.1 Alka Panchal is a school teacher while applicant no.2 is a L.I.C Agent and applicant no.3 Babita, who is wife of the deceased having a child aged about four years and nobody except them are there to take care of the child. In the aforesaid circumstances, the prayer is made to enlarge the applicants on anticipatory bail.

Per-Contra, learned counsel for the State opposes the prayer and submits that deceased committed suicide due to mental and physical harassment made by the applicants. Offence alleged against the applicants are serious in nature, therefore, they are not entitled for grant of anticipatory bail.

Having considered the rival submissions, material pointed out by the learned counsel for the applicants, suicide note, statement of brother of the deceased recorded under Section 164 of Cr.P.C and also considering the other facts and circumstances of the case, I am of the considered view that it is a fit case for grant of anticipatory bail to the applicants. Hence, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that in the event of arrest of the applicants, they shall be enlarged on anticipatory bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the Arresting Officer for their appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.