Mohanlal Khatri vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the record / case diary.

2 . This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail. The applicant is arrested in relation to Crime No.285 of 2024, dated (not mentioned) registered at Police Station Chimanganj Mandi, Ujjain District Ujjain (MP) for offence under Sections 306, 201, 294 and 506 of Indian Penal Code, 1860. The applicant is in custody since 13.04.2024.

As per prosecution story on 12.10.2022, deceased Dharmendra Verma committed suicide by consuming poisonous substance celphos.

Learned counsel for the applicant submits that the applicant is innocent and has has falsely been implicated in the present case. It is further submitted that as per the prosecution case, the applicant and the deceased were business partners and due to conduct of the applicant, business had gone in loss, therefore, the deceased committed suicide by consuming sulphos. The incident took place on 12.10.2022 and the FIR was lodged on 12.04.2024. As per the allegations, the applicant harassed and beaten the deceased due to that, the deceased committed suicide. It is further submitted that the applicant is in custody since 13.04.2024 and he has been implicated in this case only on suspicion. Conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

Learned Govt. Advocate for the respondent/State opposed the prayer and prayed for its rejection.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as ingredients of Section 306 of IPC, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.