Varsha Borasi vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail during trial.

The applicant is facing trial in connection with Crime No.726/2021, registered at Police Station-Azad Nagar, District-Indore, concerning offence under

Sections 306 of IPC, 1860. The applicant is in jail since 30/12/2021.

As per prosecution story on 30/09/2021 deceased Kajol committed suicide by hanging herself. As per the suicide note of the deceased the applicant

and her husband were implicated in the matter for instigating the deceased to commit suicide.

Learned counsel for the applicant has submitted that the applicant is innocent lady and has been falsely implicated in the matter. As per suicide note

there is no aspect of abetment alleged against the applicant, which is mandatory under Section 107 of IPC, 1860 to attract offence punishable under

Section 306 of IPC, 1860. The applicant is in custody since 30/12/2021, investigation is over, charge sheet has been filed and conclusion of trial will

take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Panel lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on

the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his/her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with one local surety in the like amount to the satisfaction of the trial court for securing his/her presence before the said Court on all the dates of

hearing fixed in this regard during trial.

It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

I n 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.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective

and cancelled without reference to this Bench.

Certified Copy as per rules.