Rajendra vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

With the consent, heard finally. Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 24.3.2022 in connection with Crime No.153/2022 registered at Police Station, Garoth, District Mandsaur (M.P.) for commission of offence punishable under Section 306 of IPC.

Prosecution story, in brief is that applicant and deceased Shyamubai were resident of same village. Applicant used to harass the deceased mentally and physically, due to which on 4.1.2022 she committed suicide by jumping into well.

Learned counsel for the applicant submits that after the incident statements of deceased's husband as well as other witnesses have been recorded during Marg inquiry, but they have not stated anything against the applicant. After about more than two months of the incident on 15.3.2022 deceased's husband lodged complaint before SDOP, Garoth with regard to the allegations made against the applicant. Call details filed by the prosecution do not show involvement of the applicant in the crime. Applicant has been falsely implicated in the matter. Charge sheet has been filed. He is in custody since 9.4.2022. Trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Government Advocate for the non-applicant - State has opposed the application.

Having considered the rival submissions, material produced on record with regard to the fact that after the incident during Marg inquiry deceased's husband or other witnesses nowhere alleged anything against the applicant about the fact that he harassed the deceased and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.