Reena And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

These are first bail applications filed under Section 439 of Cr.P.C. for grant of bail to applicant Reena (in M.Cr.C. No.12942/2024) and applicant - Ashok (in M.Cr.C. No.12199/2024) as they have been arrested in connection with FIR/Crime No.22/2024 dated - not mentioned registered at P.S. - Juni, District - Indore (M.P.) for commission of offence punishable under Section 306/34 of IPC.

Prosecution case in brief is that marriage of the deceased Sunil Lohani was solemnized with applicant Reena Lohani on 22.06.2018. Applicant Reena Lohani was already married and she has a child from her first husband. On 04.01.2024, at 10:30 PM, the deceased poured petrol on himself and set himself on fire. Due to burn injuries, he was admitted in hospital. During treatment, on 13.01.2024, he succumbed to his injuries. Merg intimation was registered. During merg inquiry, a suicide note was seized and statement of witnesses has been recorded and it was found that after solemnization of marriage, wife of the deceased used to meet the co-accused Ashok Sachdeva and on 31.12.2023, wife of the deceased alongwith applicant Ashok Sachdeva went to house of the deceased and told him that she had already solemnized marriage with Ashok Sachdeva. Due to aforementioned act of wife of the deceased, Reena, the deceased got upset. On 30.12.2023, accused Reena and Ashok alongwith co-accused persons Shankar Kamra, Nanhe Kamra, Baji Kamra, Sonam Kamra and Sinesh Kamra forcibly took the deceased to the Court and got executed an agreement for divorce, while the deceased did not want to get divorced. On 04.01.2024, the deceased had went to the house of accused Reena and knocked her door, but she did not open the door. Then, the deceased in front of her house committed suicide by pouring petrol and setting himself on fire. The deceased also mentioned in his suicide note that he is committing suicide due to harassment caused by present applicants and co-accused persons. On completion of merg inquiry, an FIR was lodged against the applicants and co-accused persons.

Learned counsel for the applicanta/accused submits that the applicant have not committed the offence and they have falsely been implicated in the case. It is submitted that there are no ingredients of abatement as provided under Section 107 of IPC. Therefore, prima facie no alleged offence is made out against the applicants.

It is also submitted that all the co-accused persons have already been enlarged on anticipatory bail by this Court and case of the present applicants is identical to that of co-accused persons. Applicants are in custody since 06.02.2024. Matter is under investigation. Conclusion of trial will take considerable long time for its disposal, therefore, it is prayed that the applicants be released on bail.

On other hand learned counsel for the State/non-applicant has opposed the prayer of applicants and prayed for rejection of the applications.

Having considered the rival contentions of the learned counsels for the parties, perused the case diary, also looking to the aforesaid facts and circumstances of the case and allegations made against the applicants, this Court is of considered view that this is a fit case to grant bail to the applicants. Hence, without expressing any opinion on merit of the case, this applications are allowed.

It is directed that applicants - Reena and Ashok shall be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety in the like amount to the satisfaction of the concerned Court, for their appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.