Karan Prajapati vs State Of Madhya Pradesh

Sunita Yadav, J

I.A.No.14772/2022, an application under Section 301(2) of Cr.PC. for assisting the Government Advocate is taken up, considered and allowed for the reasons mentioned therein.

Shri Pradeep Kumar Shrivastava - Advocate and his associates are permitted to assist the prosecution on behalf of the complainant.

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Madhoganj, District Gwalior in connection with crime No. 426/2022 registered for the offence punishable under Section 306, 34 IPC.

Prosecution story, in brief, is that the sister of deceased Neha got married with Rahul Rana who does not belong to the same caste. The deceased-Kapil Shakya got heard this incident. The deceased along-with her parents went to see Neha. At that time, some altercation took place between them and allegedly the accused persons insulted the deceased and his family members. Thereafter, on 22/07/2021, the deceased committed suicide. In his suicide note, he made allegation that the present applicant/accused is responsible for his suicide.

Learned counsel for the applicant/accused argued that the applicant is an innocent person and has been falsely implicated. He further argued that there is no material on record to show that the present applicant has instigated the deceased to commit suicide. The deceased committed suicide because of the inter-caste love marriage of his sister that cannot be come in the definition of instigation. The applicant is a Shopkeeper and has no criminal antecedents. The applicant is in custody since 03.09.2022. The applicant is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

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

Considering the overall 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. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal 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/her;

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

3 ) The applicant will not indulge himself/herself 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 any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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.