Golu vs State Of Madhya Pradesh

This is the first bail application under Section 438 of Cr.P.C. preferred by the applicant for the alleged offences registered at Crime No.502 of 2019 at Police Station Ganj Basoda district Vidisha for the offence punishable under Section 306 of IPC.

It is the apprehension of the applicant that he may be arrested because of registration of false case against him as referred above. It is further submitted that no offence under Section 306 of IPC is made out against the present applicant as there are no ingredients of Section 107 of the IPC. It is submitted that deceased Swati had committed suicide by burning and has left behind a suicide note that when the present applicant has refused to marry her, she left with no other option but to commit suicide. It is alleged that deceased was cousin of present applicant and as per Hindu Law, marriages within relations are not permissible. It is argued that in terms of Section 306 of IPC, there was no abetment of suicide made against the present applicant. He has relied upon the judgment rendered by the High Court of Chhattisgarh in Cr.Revision No.111 of 2008 on 5.3.2019 wherein, the ingredients for constituting an offence under Section 306 of IPC were considered by the High Court and relying upon the judgment of Hon. Supreme Court, the revision was allowed holding that no charge under section 306 of IPC is made out in the present case. He has further relied upon the judgement rendered by this court in the case of Sanju alias Sanjay Singh Sengar Vs. State of M.P reported in AIR 2002 SC 1998, wherein, in similar circumstances, this court has held that merely uttering of the words `go and die' does not constitute the offence under section 306 of the IPC and in aforesaid words, action is required to be shown to have taken place immediately. The applicant undertakes to cooperate in the investigation and to make himself available as and when required. On these grounds, he prayed for anticipatory bail.

Learned Public Prosecutor opposed the prayer on the ground that the investigation in the matter is going on and the applicant is not cooperating in it. It is further submitted that there are clear allegations against the present applicant of instigating the deceased to commit suicide in the matter. The applicant was the person who assured her that he will marry her and when this assurance was not fulfilled by the applicant stating that he cannot marry her even if she dies, this amounts to commission of offence under Section 306 of the IPC. On these grounds, he prayed for dismissal of the application.

Heard the learned counsel for the parties and perused the case diary.

From perusal of record, it is seen that it is an admitted fact that the applicant and deceased are cousins. It is the case where initially the applicant and deceased were in relationship and agreed to marry but subsequently, the applicant had refused to marry her owing to which, she was annoyed with the applicant. In such circumstances, she committed suicide. The allegation against the present applicant as per prosecution is that he refused to marry her, therefore, she committed suicide.

Considering the fact that the applicant is a young boy of 20 years of age and sending him in custody will ruin his entire career, this court deems it fit to allow the application filed by applicant. Accordingly, it is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of like amount to the satisfaction of the investigating officer/arresting authority.

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

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

The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

A copy of this order be sent to the trial court concerned for information and compliance.

C.C. as per rules.