Sunita Jatav vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.232/2023 registered at Police Station- Kolaras, District Shivpuri (M.P.), for offence punishable under Sections 306, 34 of IPC. The applicant is in judicial custody since 14.08.2023.

As per the case of prosecution, on 16/07/2023, complainant Mohan Jatav reported to Police Station Kolaras that his son Dhanpal was found dead near BRC Office at Kolaras, District Shivpuri. Police Station Kolaras registered unnatural death intimation No.52/2023. One note alleged to be suicide note was found from the pocket of deceased wherein threatening by Reena and Sunita was alleged. During inquest, post-mortum examination on dead body of deceased Dhanpal was conducted. Histopathology report is awaited. Family members of the deceased alleged that applicant Sunita and her husband Chel Singh were pressurizing the wife of deceased to marry brother of Sunita after leaving the deceased. They were also harassing the deceased in this regard, therefore, deceased has committed suicide. On such allegations, FIR in Crime No.232 of 2023 for offence punishable under Sections 306, 34 of IPC was registered at Police Station Kolaras, District Shivpuri. Applicant was arrested on 14/08/2023. She is in custody ever since.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. Learned counsel for the applicant further contends that even if all the allegations of the prosecution are taken to be true, no offence for abatement of suicide is made out against applicant even the suicide note does not implicate the applicant for instigating aiding or abating the suicide. Applicant is permanent resident of Kolaras, District Shivpuri. There is no likelihood of her absconding leaving family and property, or tempering with the evidence. Investigation is almost complete. No custodial interrogation is needed. Jail incarceration is causing great hardship to the applicant. No previous criminal antecedent is reported against the applicant. Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the bail application and prayed for its rejection.

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

Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Sunita Jatav shall be released on bail in relation to the Crime No.232/2023 registered at Police Station Kolaras, District Shivpuri (M.P.), for the offence punishable under Sections 306, 34 of IPC, upon furnishing a personal bond in the sum of Rs. 50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions:

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant 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 them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

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

Certified copy as per rules.