Naresh Ahirwar vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

In the absence of the parties, the matter is considered on the basis of averments made by the applicant in the petition and the case diary.

This is first application filed under Section 439 of Cr.P.C. Applicant Naresh Ahirwar was arrested on 8/8/2021 in connection with Crime No.297/2021 registered at Police Station Sanjivani Nagar, Distt. Jabalpur (MP) for the offence punishable under Sections 306 and 34 of IPC.

A s per the prosecution case, on 10/7/2020 deceased Mukesh @ Dharmraj committed suicide by consuming poisonous substance. It is alleged that applicant Naresh Ahirwar and co-accused Govind Ahirwar used to harass the deceased due to dispute regarding ancestral property, due to which deceased Mukesh committed suicide.

The applicant has averred in his application that he is innocent, Police falsely implicated him in the crime after 13 months of death of deceased Mukesh. No offence under Section 306 of the IPC is made out against the applicant. Deceased died on 10/7/2020 while Police registered crime against the applicant on 8/8/2021. Applicant has been in custody since 8/8/2021. The conclusion of trial will take time, so he be released on bail.

In the written objection filed by the State through SHO Sanjivani Nagar, Jabalpur, it is mentioned that the applicant used to harass the deceased so deceased Mukesh committed suicide, so the applicant should not be released on bail.

Deceased Mukesh committed suicide on 10/7/2020 at that time, on the information of Shankarlal, grand-father of deceased Mukesh police registered Merg under Section 174 of the Cr.P.C. In that report, it is not mentioned that the deceased committed suicide due to harassment. In this regard, for the first time police recorded the statemen of the prosecution witness in the year 2021, applicant is in custody since 8/8/2021, charge sheet has been filed and conclusion of trial take time, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

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

The applicant will cooperate in the trial;

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court. C.C. as per rules.