Suresh Chandra Upadhyay vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A.No.23548/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

This is the first bail application under section 438 of CrPC filed by the applicant for grant of bail.

The applicant apprehends his arrest in connection with Crime No.426/2021 registered at Police Station Civil Line, District Morena (M.P.) in relation to

the offence punishable under Sections 306, 34 of I.P.C.

It is submitted by learned counsel for the applicant- Suresh Chandra Upadhyay that the applicant is innocent and he has falsely been implicated in this

case. Applicant is father-in-law of the deceased and aged around 64 years. It is further submitted that marriage was solemnized on 28/05/2003,

thereafter around after 18 years of marriage, deceased committed suicide by hanging. It is further submitted that there are two sons of the deceased

aged around 16 years and 11 years respectively. It is also submitted that prior to aforesaid incident, no complaint was there with regard to

inappropriate behaviour or demand of dowry. It is further submitted that the co-accused-Smt. Meena has already been granted bail by this Court vide

order dated 27/07/2021 passed in M.Cr.C.No.36602/2021. The applicant is on same footing with the co-accused. As the applicant is aged around 64

years, therefore in the light of judgment passed by Hon'ble Apex court as well as by the Division Bench of this Court at Jabalpur on 17/05/2021 in

W.P. No.9320/2021 (IN REFERENCE (SUO MOTU) Vs THE STATE OF MADHYA PRADESH AND OTHERS), learned counsel prays for

grant of anticipatory bail to the applicant.

Learned State counsel has vehemently opposed the application and has submitted that offence is registered under Sections 306, 34 of IPC. The place

of incident is just above the double bed and there is no possibility to commit suicide by hanging from a ceiling fan as the gap between the ceiling fan

and bed is too short. The ligature mark is not of suicide, rather it reflects the commission of offence under Section 302 of IPC. It is further submitted

that the applicant along with other family members tried to hide the evidence against them and in furtherance of it they had already removed the body

of the deceased from the place of incident. Hence, looking to the gravity of offence, learned State counsel prayed to reject the anticipatory bail

application of the applicant.

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

Considering the arguments advanced by learned counsel for the parties along with the fact that co-accused of this case has already been granted

anticipatory bail on 27/07/2021, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest,

the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in

the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

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 shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions

enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

This anticipatory bail application stands disposed of in above terms.

E-copy of this order be sent to the Court concerned for information.

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