Satyanarayan And Others vs State Of Madhya Pradesh

Vivek Rusia, J

This is the first bail application under Section 438, Cr.P.C. filed on behalf of the applicants seeking anticipatory bail as they apprehends their arrest in connection with Crime No.505/2021 registered at Police Station Manasa, District Neemuch (M.P.) for commission of the offences under Section 306/34 of the Indian Penal Code, 1860.

As per prosecution story, Pradeep has committed suicide on 29/10/2021. His family members have lodged an FIR on 04/12/2021 against the present applicants. Accordingly, they have been made accused in the present case.

Learned counsel for the applicants submits that applicants have been falsely implicated in this crime. There was a dispute within the family members as the father of the deceased Pradeep and applicant No.1 are real brothers. The applicant No.2 is the wife of the applicant No.1. There was some minor dispute between them in respect of putting sand in a well but this can't be termed as abetment to commit suicide. He further submits that the applicants are not hardened criminals. On the basis of allegations the offence under Section 306 of the IPC is not made out against the applicants as held by the Apex Court in case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in 2020 SCC Online SC 964.

Hence, the applicants are entitled grant of anticipatory bail.

On the other hand, learned counsel appearing for the respondent/State opposes the prayer for grant of anticipatory bail.

Considering the facts and circumstances, on perusal of the case diary and without commenting upon the merit of the case, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid crime number, they shall be released on bail upon their each furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with separate surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:-

(a) The applicants shall co-operate with the investigation and make themselves available for interrogation by a police officer as and when required;

(b) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) If the applicants are found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled;

(d) They shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.