Santosh Jatav 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 12.06.2023 in connection with Crime No.365/2023 registered at Police Station Karera, District Shivpuri for the offence punishable under Section 306 of IPC.

Prosecution case, in brief, is that, applicant used to harass the complainant's daughter for a long period. Due to which, on 29.04.2023, daughter of complainant committed suicide by hanging.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the matter. As per prosecution case itself, the deceased committed suicide on 29.04.2023 and after about one and a half months of the incident, complainant made allegations against the applicant that he used to harass his daughter. Prior to that, no complaint was lodged against applicant. The call details produced by the prosecution shows that deceased used to talk with the applicant, therefore, the allegations alleged against the applicant are totally false. No offence is made out against the applicant. He is in custody since 12.06.2023 and the trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State opposes the prayer and submits that applicant used to harass the complainant's daughter due to which she committed suicide by hanging. Applicant has a criminal history and one more criminal case has been registered against him. The offence alleged against applicant is serious in nature, therefore, he is not entitled for bail.

Heard the learned counsel for both the parties.

Having considered rival submissions, material pointed out by the learned counsel for the applicant, nature of allegations alleged against the applicant and 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, hence 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.

M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.