Prakash vs State Of M. P

Vivek Rusia, J

This is first bail application under Section 439 Cr.P.C. by applicant, who has been arrested by Police on 10.11.2020 in connection with Crime No.355/2020, Police Station -Raipuriya District Jhabua concerning offence under Section 498-A and 306 of IPC.

Perused the case-diary.

As per prosecution story, Rajubai wife of the present applicant committed suicide on 4.11.2020. Marriage of the applicant with Raju bai took place 7-8 years back and they have two issues out of the said wedlock. After commission of the suicide, the statement of father of the deceased Munna was recorded in which he has stated that the applicant use to torcher his daughter for domestic as well as agricultural field work.

Learned counsel for the applicant submits that the ingredients of section 306 of IPC abetment to commit suicide are missing in the matter as marriage of the applicant with the deceased took place 8 years back.

In view of the law laid down in the case of Arnab Manoranjan Goswami Versus State of Maharashtra & Ors passed in Criminal Appeal No. 742 of 2020 vide order dated 27-Nov-2020, the applicant is entitled for bail.

On the other hand, learned Panel Lawyer opposes the prayer for grant of bail.

The only allegation against the applicant the present applicant is that Rajubai meted out the cruelty as she was not doing domestic as well as agricultural field work properly and it cannot be instigation or abetment.

Keeping in view the rival submissions of the parties and in the facts and circumstances of the case and the period of incarnation in jail after arrest, without commenting on merits of the case, the application is allowed.

It is directed that applicant be released on bail upon her furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of trial Court for her 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 and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. It is made clear that applicant shall be in good conduct in future and if it is found that applicant is indulged in any criminal activities, then, his bail shall be treated as cancelled.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.