Neeraj @ Balli Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4215 MP

                                      1                           MCRC-38930-2021
        The High Court Of Madhya Pradesh
                  MCRC-38930-2021
                 (NEERAJ @ BALLI SHARMA Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 12-08-2021
       Heard through Video Conferencing.
       Shri Arshad Alim Haque counsel for the applicant.
       Shri Ajay Raghuvanshi, PL for the respondent/State.

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 6.6.2021 by Police Station Girwai district Gwalior, in connection with Crime No.83 of 2021 of registered for the offence punishable under Sections 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. It is further submitted that the investigation is complete and the charge sheet has already been filed on 24.3.2021, therefore, there is no further requirement of custodial interrogation of the applicant. A suicide note is said to have been recovered by the investigating authorities and from perusal of

said suicide note, no allegation is made out against the present applicant apart from that of cheating/ditching. There is nothing in the suicide note which could have suggested that the applicant has ever instigated the deceased to commit suicide. Counsel for the applicant has placed reliance upon the judgment of Hon'ble Supreme Court in the case of Arnav Manoranjan Goswami Vs. State of Maharastra, (2020) Volume 14 SCC 1 2 wherein, the aforesaid aspect was considered in detail by the Hon'ble Supreme Court and has categorically observed that no offence under Section 306 of IPC is made out until and unless ingredients of abetment of suicide under Section 107 of IPC are made out in the case. The applicant is ready to abide with all the conditions as may be imposed by this court. The applicant has shown his willingness to render his services during this Covid 10 Pandemic scenario to 2 MCRC-38930-2021 help the needy. On these grounds and looking to the Covid 19 Pandemic scenario, he prays for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application stating that the suicide note has been recovered by the investigating authorities and from the suicide note, it is clear that due to the fact that the present applicant has ditched the deceased owing to which, huge

loss has been caused in his business therefore, he was left with no other option but to commit suicide. Even in the statements of brother recorded under Section 161 of Cr.P.C and other independent witnesses, they have clearly deposed against the present applicant. In such circumstances, offence under Section 306 of IPC is clearly made out. He prayed for dismissal of this application. However, he could not dispute the factum that the charge sheet has already been filed in the matter and other cases registered against the applicant in the past are under minor offences.

Considering the over all facts and circumstances of the case and the fact that the applicant is a first offender as well as considering judgment rendered by Hon'ble Apex Court in the case of Arnav Manoranjan Goswami (Supra), this court deems it appropriate to allow this application. The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he 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 :-

1. The applicant will comply with all the terms and conditions of the 3 MCRC-38930-2021 bond executed by her/him;

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

3 . The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the

trial;

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

7. In case, the applicant is found involved in any other offence, except present one, the bail granted to him shall stand rejected without further reference to the court;

8. As the applicant has gracefully volunteered to render his services towards helping the needy during this COVID-19 pandemic, he is directed to get himself registered as a Covid Warrior before Collector Gwalior and render his services at the District Hospital, Gwalior under the Supervision of the Superintendent of the Hospital for a period of three months from the date of his release.

9.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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately 4 MCRC-38930-2021 and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

I n 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 of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.

(VISHAL MISHRA) JUDGE

Rks

RAM KUMAR SHARMA 2021.08.13 14:25:55 +05'30'