Nandkishor Sharma @ Nandu vs State Of Madhya Pradesh And Others

Sunita Yadav, J

This is first criminal appeal filed by the appellant under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act assailing the order dated 08.04.2024 passed by Special Judge, POCSO Act, Morena (M.P.) in Bail Application No.182 of 2024, whereby regular bail application of the appellant relating to FIR No. 36 of 2024 registered at Police Station Kotwali, District Morena (M.P.) for the offence under Sections 306, 34 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act has been rejected.

Learned counsel for the appellant argued that the appellant is innocent and has falsely been implicated in this case. It is further argued that at the time of incident, appellant was at Bharuch Gujarat which is evidence from the Railway Ticket vide Annexure A/3 and the statement of witness, therefore, he has no opportunity to instigate the deceased to commit suicide. Further submission is that appellant/accused got married with deceased and was willing to live with her which is evident from the fact that he filed an application under Section 9 of Hindu Muarriage Act. Further submission is that even if entire prosecution case is believed to be true, ingredients of Section 107 of IPC do not attract in this Case as there is no evidence against the appellant/accused to instigate the deceased to commit suicide. The appellant is in custody since 11.03.2024. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The appellant is permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the appellant.

O n the other hand, learned State counsel has opposed the appeal and prayed for its dismissal.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.100,000/- (Rs. One Lakh only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

3 . The appellant will not indulge himself 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;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not seek unnecessary adjournments during the trial;

6 . The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.