Satish Yadav vs State Of Madhya Pradesh

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 83 of 2024 registered at Police Station Girwai, District Gwalior (M.P.) for the offence under Sections 306, 34 of IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that during forty hours from when the deceased consumed poison and her death, she had not stated to her husband, son or daughter-in-law that why she had consumed poisonous substance. It is further argued that deceased never lodged any report or filed complaint in respect to alleged threat by applicant/accused and after a gap of seven months, suicide note was produced by the son of the deceased. It is further submitted that even the entire prosecution story is believed to be true, ingredients of Section 107 of IPC do not attract in this case as mere threatening does not come within the purview of instigation to commit suicide. Further argument is that applicant is in custody since 26.4.2024. He is permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

On the other hand, learned State counsel opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

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

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant shall not commit an offence similar to the offence of which he/she is accused;

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.