Deep Singh Kushwah vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.345 of 2023 registered at Police Station Gohad, District Bhind (M.P.) for the offence under Section 306 of IPC.

Allegation against the present applicant is that he instigated the deceased Mithlesh to commit suicide due to which she committed suicide.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. If the entire evidence is considered as true even then there is no ingredient to show that present applicant instigated the deceased to commit suicide. It is further argued that deceased, who was the wife of the applicant, was under treatment for conceiving the pregnancy. Alleged panchanama was prepared almost a year back and, thereafter, the deceased never lodged any complaint in the police station regarding harassment by the present applicant. Further argument is that applicant is in custody since 02.9.2023. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant. He has no criminal history and is the permanent resident of District Bhind (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State as well as learned counsel for the complainant vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000 (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit an offence similar to the offence of which he/she is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.