Rajveer Singh vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

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 16.5.2023 in connection with Crime No.69/2023 registered at Police Station Pahadgarh, District Morena (M.P.) for commission of offence punishable under Section 306 of IPC.

3 . Prosecution story, in brief is that the applicant was insisting the deceased Rachna to live with him. In the night of 15.1.2023 when deceased was all alone in her field, the applicant went to her field and started pressurizing her to live with him. He constantly harassing the deceased for the aforesaid purposes due to which in the intervening night of 20-21.1.2023 deceased committed suicide by hanging.

Learned counsel for the applicant submits that as per prosecution case itself on the date of incident, Dehati Nalisi was lodged by the husband of the deceased wherein name of the applicant was not disclosed. After about four months of incident, first time the husband and other in-laws stated that on 15.1.2023 the applicant went to the deceased's field and pressurizzed her to live with him and due to the harassment made by the applicant, she committed suicide. No offence under Section 306 of IPC is made out against the applicant. The applicant is in custody since 16.5.2023. His custodial interrogation is no more required. Trial will take time to conclude and, therefore, in the aforesaid circumstances, applicant may be enlarged on bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection.

Heard the learned counsel for both the parties.

7 . Having considered the rival submissions, material pointed out by learned counsel for the applicant, dehati nalisi report so also other facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed.

It is directed that the applicant be released on bail upon 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.

This application is allowed and stands disposed of.

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