Jeevan Namdev vs State Of Madhya Pradesh

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued

by the government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

Heard learned counsel for the parties.

This is second bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order

dated 25.02.2020 with liberty to repeat the same after filing of charge-sheet.

Applicant has been arrested on 01.02.2020 by Police Station Kotwali, District Guna (M.P.) in connection with Crime No.107/2020 registered in

relation to the offence punishable u/Ss. 306 and 34 of IPC.

It is submitted by learned counsel for applicant that investigation is over and charge-sheet has been filed. Allegation under Section 306 of IPC is not

made out in the present fact and circumstance of the case against the present applicant. He is in custody since 01.02.2020. He has relied upon the

judgment rendered by Hon'ble Supreme Court in the case of Ramesh Kumar Vs. State of Chattisgarh reported in (2001) 9 SCC 61 8and has argued

that the aforesaid case is fully applicable in the present fact and circumstances of the case and no offence u/S 306 of IPC is made out. There is no

instigation being given by the present applicant to the deceased to commit suicide. It is submitted that co-accused has already been enlarged on bail.

The applicant undertakes to abide all the condition, which may be imposed by this Court and there is no possibility of his absconding or tempering with

the prosecution case. He has shown willingness to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App.

Under these circumstances, he prays for bail.

Per contra, learned Panel Lawyer has opposed the application and submits that there are several document and letters of the deceased with the police

authorities against the present applicant. It is submitted that owing to harassment being caused by the present applicant and other co-accused, the

deceased has committed suicide. It is further submitted that there is sufficient material on record to arrive at conclusion that offence under Section

306 of IPC is clearly made out against the present applicant. It is submitted that there is no parity with the co-accused as she has been granted bail

owing to the fact that applicant is a woman.

Considering overall facts and circumstances of the case and also the fact that applicant is actively participated in commission of offence. Therefore,

this Court is not inclined to allow this bail at this stage. Accordingly, present bail application is hereby rejected.