Priya vs State Of M.P

Vivek Rusia, J

This is first bail application under section 438 of the Cr.P.C.,1973 filed by the applicant who is apprehending her arrest in connection with Crime No.262/2021 registered at police station- Baghana District-Neemuch for the offence punishable under sections 306 and 34 of the IPC.

As per prosecution story, this applicant was in a live-in relationship with the deceased-Pramod Swami and they have an issue aged about 10 months. Pramod committed suicide by hanging on 09.07.2021 in his house. On 24.08.2021 the parents of the deceased lodged an FIR at police station against the present applicant and his father Mukesh Malviya alleging that they used to pressurize his son for getting a house constructed in Neemuch City. He was under pressure and hence committed suicide.

Learned counsel for the applicant submits that the relationship of applicant with the deceased was not acceptable to the parents of the deceased as well as to the society therefore, he has committed suicide. The applicant was suffering from visual problem 10 month baby is dependent on her. There is a delay of lodging an FIR. Hence on the basis of allegations the offence under Section 306 of the IPC is not made out against the applicant as held by the Apex Court in case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in 2020 SCC Online SC 964. The applicant was filed the photographs of the applicant with the deceased showing that they were living together.

Learned Panel Lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the bail application is allowed. It is directed that in the event of arrest of the applicant-Priya in connection with the aforesaid crime number, she shall be released on bail upon his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:-

(a) the applicant shall co-operate with the investigation and make herself available for interrogation by a police officer as and when required;

(b) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled;

(d) she shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.