Shubham @ Pawan @ Shivam Chauhan vs State Of M.P

Vishal Mishra, J

The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Hazira,

District Gwalior in connection with Crime No.49/2021 registered in relation to the offence punishable under Section 306 of IPC.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any

manner. As per the prosecution story the allegation against the applicant is that he has refused to marry the deceased, therefore, she has committed

suicide. Learned counsel for the applicant further submits that the investigation is over in the matter and charge-sheet has been filed on 19.3.2021.

The applicant is a first offender. He is ready to abide by all the terms and conditions as may be imposed by this Court and looking to the tender age of

the applicant and the present scenario of Covid-19 pandemic he prays for grant of bail. It is further argued that mere a refusal to marry does not fall

under the provisions of section 306 of IPC as has been held by this Court in the case of Madiya @ Mahadev Vs. State of M.P., 2006 (1) MPLJ 583.

He has further relied upon the judgment passed by the Hon'ble Supreme Court recently in the case of Arnab Ranjan Goswami Vs. Union of India and

others, (2020) 14 SCC 12, wherein the Hon'ble Supreme Court has categorically held that for offence under section 306 of IPC ingredients of section

107 of IPC are required to be fullfilled. It is submitted that in the present case the suicide note recovered does not disclosed any of the fulfillment of

ingredients of section 306 or section 107 of IPC. Therefore, no case under section 306 of IPC is made out. He is in custody since 2.2.2021 and prays

for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that a detailed suicide note has been recovered, wherein she has categorically

stated that the deceased was having love affair with the present applicant and on refusal to marry her she has taken such a drastic step and has

committed suicide. He fairly submits that suicide note does not reflect any ingredient of offence under section 306 of IPC. Filing of the charge-sheet

has not been disputed by the State counsel. Applicant being the first offender is also not disputed.

Considering the overall facts and circumstances of the case and without commenting upon the merits of the case and looking to the present scenario

of Covid-19 pandemic, this Court deems it appropriate to allow this application. The application is allowed subject to verification of the fact that there

is no other criminal case is pending against the applicant.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one

solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking

and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State

Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he

will have to install Arogya Setu App, if not already installed.

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

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

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

The applicant will not indulge himself in extending 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 the (Shubham @ Pawan @ Shivam Chauhan Versus State of M.P. ) Police Officer, as the

case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

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

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

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the

concerned SHO regarding the same.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy/Certified copy as per rules/directions.