Pappu Gole vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.

The applicant is facing trial in connection with Crime No.351/2021, registered at Police Station-Palsood,           District-Barwani,

concerning offence under Sections 306/34 of IPC, 1860. The applicant is in jail since 31/10/2021. A s per prosecution story on 24/10/2021 deceased

Kiran committed suicide by hanging herself.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. The applicant and the

deceased were married for twelve years and in that period no complaint was made by the deceased to anyone stating that she is being harassed by

the accused persons. It is further submitted that there is no iota of material to indicate that at any point of time the applicant abetted the deceased to

commit suicide. No offence under Section 306 of IPC is made out since necessary ingredients of Section 107 of IPC are not fulfilled. Only omnibus

and general allegations have been levelled against the applicant. Co-accused Madan and Leelubai have already been enlarged on bail vide orders

dated 22/12/2021 passed in M.Cr.C. Nos.61883/2021 and 61884/2021. The applicant is in custody since 31/10/2021, investigation is over, charge sheet

has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Panel lawyer has opposed the application by submitting that the applicant is husband of the deceased and brother of the deceased has made

specific allegations against the present applicant hence he prayed for its rejection.

Considering the overall facts and circumstances of the case, the submissions made by learned counsel for the parties and on a perusal of the material

available on record including the case diary so also to the fact that the applicant and deceased were married for twelve years and no complaint was

made by the deceased to anyone regarding the harassment met out by her in her matrimonial house this Court is inclined to grant bail to the applicant.

Accordingly, without commenting on the merits of the case, this application is allowed. It is directed that the applicant/accused be released on bail on

his/her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction

of the trial court for securing his/her 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) Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective

and cancelled without reference to this Bench.

Certified Copy as per rules.