Devkaran Chouhan S/O Bhana Singh Chouhan vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime

No.1425/2021 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Sections 306 and 506 of the Indian

Penal Code, 1860.

The applicant is in custody since 30.10.2021.

The allegation against the applicant is of abetment of suicide which was committed by the daughter-in-law of the applicant (Puja w/o Rahul Chouhan),

who committed suicide by consuming poisonous substance on 20.10.2021.

It is alleged that the applicant in the state of intoxication used to harass the deceased and asked her to give him hot meal.

Counsel for the applicant has submitted that the main allegation is against the husband of the deceased and only omnibus allegations have been levelled

against the applicant and other family members.

It is submitted that the marriage of the deceased with the son of the applicant took place around eight years ago in the year 2013 and there is no

reason for the applicant to harass the deceased.

It is further submitted that the charge sheet has already been filed; the applicant is lodged in jail since 30.10.2021; and the final conclusion of the trial is

likely to take sufficiently long time.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the learned counsel for

the applicant; and on the aforementioned facts and circumstances of this case, this Court is of the considered opinion that the applicant deserves to be

released on bail.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be

released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to

the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present

before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his / her release on bail, then the present bail order shall

stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.