Ramkumar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the applicant seeking grant of anticipatory bail in connection with Crime No.382 of 2025 registered at Police Station Dehat, District Ashoknagar (M.P.) for the offence punishable under Section 108, 3(5) of BNS, 2023

As per the prosecution case, deceased Nandkishore Soni and Rameshwar Soni committed suicide by coming under a train on the railway track, pursuant to which a merg inquiry (inquest) was conducted. During the course of the merg inquiry, a suicide note bearing the signatures of both deceased persons— Nandkishore Soni and Rameshwar Soni—was recovered from the right pocket of the trousers worn by deceased Nandkishore Soni and duly seized. Another suicide note was produced and handed over to the police by Ankit Soni, son of Mahesh Soni, who brought the same from the shop of deceased Nandkishore Soni; the said note was also seized in accordance with law. Both suicide notes were sent for forensic examination, and the handwriting analysis report has confirmed that the writings and signatures belong to the deceased persons. Statements of the witnesses recorded during the investigation reveal that the deceased Nandkishore Soni and Rameshwar Soni were subjected to continuous mental harassment, abuse, and threats in relation to monetary transactions by certain persons, including the applicant/accused and other co-accused persons. It has further come on record that the deceased had been receiving abusive and threatening telephone calls, which caused severe mental distress. On the basis of the aforesaid facts and material collected during the investigation, Crime No. 382/2025 has been registered at Police Station Dehat, Ashoknagar, for offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.) against the applicant/accused and other co-accused persons.

Learned counsel for the applicant submits that the present case has been falsely and maliciously lodged against the applicant. It is contended that the applicant has no direct involvement in the alleged incident and has not committed any act that could be construed as abetment of the suicide of the deceased. It is further submitted that the suicide notes do not make any mention of the applicant’s name. Co-accused Santosh Kumar Jain has already been granted the benefit of anticipatory bail by this Court vide order dated 03.12.2025 passed in M.Cr.C. No.54288/5025.

Learned counsel further contends that for an offence under Section 108 read with Section 3(5), it is essential that there exists a clear intention or knowledge on the part of the accused that their actions would drive the deceased to commit suicide. In the present matter, the applicant had no such intention, and there is no evidence to show that he acted in a manner that could have contributed to the alleged act of suicide. The applicant is fully prepared to cooperate with the investigation and undertake to abide by any conditions that this Court may deem fit to impose. In view of the above, it is respectfully prayed that the applicant be granted anticipatory bail.

On the other hand, learned counsel for the State submits that the applicant’s name has surfaced in the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. It is, therefore, prayed that the present bail application may be dismissed.

Heard counsel for parties and perused the case diary.

Considering the principle of parity with co-accused Santosh Kumar Jain, who has been granted anticipatory bail in the same case, it is appropriate to extend similar relief to the applicant. Thus, without commenting upon the merits of the case, this application is allowed.

It is hereby directed that in the event of arrest, the applicant shall be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before it during the course of investigation or before the trial Court concerned during trial, as the case may be.

This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) 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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not seek unnecessary adjournments during the trial;

v) The applicant shall not commit any other offence during the period of bail;

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Copy of this order be sent to the trial Court/Police Station concerned for compliance.

Certified copy as per rules.