Madanlal vs State Of M.P

Vivek Rusia, J

This is first bail application filed under section 439 Cr.P.C,1973, seeking bail in connection with Crime No.177/2021 registered at police station-

Shivgarh, District-Ratlam for the offence punishable under section 306 of the Indian Penal Code. The applicant is in custody since 25.07.2021.

As per prosecution story, on 17.10.2020 merg was registered on recovery of dead body of Lal Singh in his agricultural field. As per the post mortem

the cause of death was due to consumption of poisonous substance. Lal Singh was married to Gayatri. He used to doubt over the character of

Gayatri. The present applicant is father of the Gayatri along with her mother went to the village to take back her daughter. As per investigation has

revealed that they have assaulted the deceased Lal Singh by fists and legs and due to which he feels insulted and went to the agricultural field and

consumed poison. Later on father and brother of the deceased have lodged an FIR and accordingly this applicant was arrested.

Learned counsel for the applicant submits that the ingredients of Section 306 of the IPC are missing in this case. There is no abatement to commit

suicide and no external injuries were found. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant

is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety of

the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain

present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

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

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.