Shivani vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail. The applicant is implicated in Crime No.557/2021 registered at Police Station Y.D.Nagar, District Mandsaur for the offence punishable under Section 306 of IPC. The applicant is in custody since 12.11.2021.

According to the prosecution case, on 12.09.2021 the concern police station received a merg intimation that one Dashrath aged about 26 years has committed suicide and his body is kept near railway track, then the police got the body and sent to the hospital for postmortem. The police allegedly recovered a suicide note from the deceased in which he mentioned about his love affair with the present applicant and due to the present applicant he is committing suicide. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is a young girl of 18 years of age with no criminal antecedents. The deceased was a habitual drunkard and had huge debt, as he has obtained several unsecured loans. It is further submitted that the ingredients of Section 107 of IPC is not establishe and therefore, the offence under Section 306 of IPC is not made out against the applicant. The applicant is in custody since 12.11.2021. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned Panel Lawyer has opposed the bail application and prayed for its rejection.

Looking to the facts and circumstances of the case and on a perusal of the material available on record including the case diary, without expressing any opinion on the merits of the matter, this application is allowed.

It is ordered that the applicant be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

Certified copy as per rules.