Pawan Gupta vs State Of Madhya Pradesh

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Basoda, District Vidisha in connection with Crime No. 421/2019 registered in relation to the offences punishable u/S. 306/34 of IPC.

Allegations against the applicant, in short, are that the applicant along with co-accused persons had subjected the deceased to cruelty and harassment, due to which, the deceased committed suicide by hanging. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that applicant aged 34 years has no criminal antecedents and he has been falsely implicated in the present case. According to him, looking to the prosecution version, ingredients of section 107 of the IPC are not attracted to the fact situation in hand and, as such, offence under section 306 of the IPC is not made out. Further, there are omnibus allegations against the accused persons. It is further submitted that essential ingredients of constituting an offence under section 306 of IPC are abetment and intention to aid or instigation or abet the deceased to commit suicide, which are missing in the present case. It is further submitted that on the request of Dullichand father of the prosecutrix, the present applicant had helped him in lodging an FIR against the deceased and such act of the applicant itself will not constitute an offence of abetment to commit suicide. It is further submitted that in the suicide note the deceased had not stated that the applicant had instigated him to commit suicide.

The applicant is in jail since 22/10/2019 and early conclusion of the trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State and learned counsel for the complainant opposed the application on the ground that investigation against the applicant is pending and custodial interrogation of the applicant is required. It is submitted that out of eleven (11) accused persons eight (8) accused persons are absconding. It is further submitted that in case applicant is released on bail then he may influence or tamper the prosecution evidence. In view of above, learned State counsel prays for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the concerned trial Court.

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 investigation/trial, as the case may be;

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 previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall appear and mark his attendance once in every month before the trial/committal court concerned till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

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

C.c. as per rules.