Mukesh Rani Yadav vs State of M.P.

S.K. Palo, J—Heard.

This is the first application under Section 438 of Cr.P.C. for anticipatory bail.

The applicant apprehends arrest in connection with Crime No. 60/2015 registered at Police Station Chirula (AJK), District Datia for the offence punishable under Section 306 of IPC and Section 3(2)(5) of SC/ST Act, 1989.

As per the prosecution story, on 11.04.2015 complainant Ravi Ahirwar @ Jaspal was sleeping at his home and his mother Deva Ahirwar was sleeping outside in the "Tapariya". At about 3 O'' Clock in the morning he had gone to attend the call of nature, that time his mother was sleeping there. At 06:00 AM when he again got up, he found his mother Deva hanged on the tree by her "Chunariya". On his information, police lodged merg report. During the enquiry, it is found that deceased Deva was having illicit relationship with the applicant. On 10.04.2015 the applicant intended to establish illicit relationship with younger daughter of the deceased "Chhaya" aged about 15 years. Deceased Deva took her daughter to her neighbor''s house and made her sleep there. Because of this, she felt ashamed, and committed suicide by hanging herself on the tree, crime was registered on 02.07.2015 for offence under Section 306 of IPC.

On behalf of the applicant, it is submitted that the applicant is innocent. Affidavits of Jaspal @ Ravi and other witnesses, who have been examined during the investigation, have been filed. They denied the factum of applicant having illicit relationship with the deceased. It is also submitted by the learned counsel for the applicant that even for the sake of arguments, the statements of the witnesses recorded during investigation as well as in the prosecution story are taken to be true, then also offence under Section 306 of IPC is not made out. On these premised submissions, learned counsel for the applicant prayed for grant of benefit of anticipatory bail to the applicant.

Learned counsel for the complainant has confirmed the affidavit of Jaspal @ Ravi and stated that he and the other witnesses have executed the affidavits.

Learned Panel Lawyer for the State opposed the application stating that because of the applicant''s pressure for establishing illicit relationship with the younger daughter of deceased, the deceased had to make her sleep in the neighbor''s house and because of this, she was so much ashamed that she took the drastic step and she committed suicide.

For commission of offence under Section 306 of IPC, it is essential that there must be "abetment" for commission of the crime.

Keeping in view the above, at this stage, without commenting anything on the merits of the case, this application is allowed.

It is directed that the applicant will make himself present before the concerning Arresting Officer within seven days from today, he be taken into custody and the applicant shall be released on bail on furnishing a personal bond in a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.

The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

In view of the ratio laid down by the Hon''ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others, AIR 2011 SC 312 : (2011) 1 Crimes 109 : (2011) 1 RCR(Criminal) 126 : (2010) 12 SCALE 691 : (2011) 1 SCC 694 : (2011) 1 SCC(Cri) 514 : (2011) AIRSCW 3813 : (2010) AIRSCW 7007 : (2010) 7 Supreme 194 : (2010) 8 Supreme 353 , this order shall remain in force till the end of trial. However, the applicant has to furnish a fresh bail bond and surety before the concerning trial Court after filing of the Challan.

Certified copy as per rules.