Madhya Pradesh High Court
Karulal vs The State Of Madhya Pradesh on 9 December, 2021
Author: Pranay Verma
1 MCRC-57059-2021
The High Court Of Madhya Pradesh
MCRC No. 57059 of 2021
(KARULAL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 09-12-2021
Shri Nilesh Dave, learned counsel for the applicant.
Ms. Archana Maheshwari, learned counsel for the respondent/ State.
Shri G.S. Yadav, learned counsel for the objector.
0 1 . T h is is the first application under Section 439 of Criminal
Procedure Code, 1973. The applicant is implicated in connection with Crime
No.489/2021 registered at Police Station Bhanpura, District- Mandsaur (MP)
for offence punishable under Section 306, 34 of the Indian Penal Code. The
applicant is in custody since 29.10.2021.
02. As per the prosecution story, on 24.10.2021, the deceased Sunil
Patidar committed suicide by hanging himself after making three videos on his
mobile phone, in which he stated that he has been constantly harassed by the
co-accused Mangilal and the present applicant to leave the daughter of
Mangilal stating that else he would be implicated in a false criminal case. The
deceased was having love affair with the daughter of co-accused Mangilal for
the purpose of breaking their relationship he as well the present applicant
harassed him to such an extent that he was left with no other option but to
commit suicide.
0 3 . Counsel for the applicant submits that the allegation against the
applicant is that he along with co-accused Mangilal had been constantly
threatening the deceased to end his relationship with the daughter of co-
accused Mangilal else he would be implicated in a false criminal case. It
cannot be said that the applicant instigated the deceased to commit suicide or
that the deceased was harassed to such an extent that he was left with no
other option but to commit suicide. Co-accused Mangilal has already been
enlarged on bail by this Court vide order dated 15.11.2021 passed in M.Cr.C.
No.55530 of 2021hence on the ground of parity, the present applicant also
deserves to be released on bail. Reliance has also been placed upon the order
Signature Not Verified
SAN
Digitally signed by JYOTI
CHOURASIA
Date: 2021.12.13 17:11:36 IST
2 MCRC-57059-2021
of this Court dated 31.08.2021 passed in M.Cr.C. No.34559/2021 [Dheeraj
S/o Daulatram Khubani vs. State of M.P.] and the Hon'ble Apex Court in
Shabbir Hussain vs. State of M.P. in SLP (Cri.) No.7284/2017 decided
on 26/07/2021.
0 4 . The aforesaid prayer is opposed by learned counsel for the
respondent-State by submitting that there is direct allegation against the
applicant of him constantly harassing the deceased leaving him with no other
option but to commit suicide. In support of her contention, she has relied
upon the decision of this Court in Pawan vs. State of M.P. passed in
M.Cr.C. No.31704/2021 decided on 06.07.2021, Akib Khan vs. State of
MP in M.Cr.C. No.45409/2021 decided on 23.09.2021 and in the case of
Ude Singh vs. The State of Haryanan, CRA No.233 of 2010 decided on
25.07.2019, Chitresh Kumar Chopra vs. State, CRA No.1473 of 2009
decided on 10.08.2009, S.S. Chheena vs. Vijay Kumar Mahajan & Anr
CRA No.1509 of 2010 decided on 12.08.2010 and Pawan Kumar vs. State
of H.P., CRA No.775 of 2017 decided on 28.04.2017.
0 5 . Counsel for the objector has also opposed the application and
prays for rejection of the same. He has also relied upon the judgments relied
by counsel for the respondent/State and has placed further reliance upon the
CD, which is available on record submitting that from the same the allegation
levelled against the applicant stand duly proved.
06. I have heard the learned counsel for the parties and have perused
the case diary. The allegation against the applicant is of him harassing the
deceased along with co-accused Mangilal for ending his relationship with the
daughter of Mangilal and of threatening him of falsely implicating him in a
criminal case if he did not do so. The deceased is said to have made three
videos prior to his death alleging the same. The allegation prima facie do not
show any enticement or instigation on the part of the applicant for the
deceased to commit suicide. Co-accused Mangilal has already been enlarged
Signature Not Verified
on bail by this Court vide order dated 15.11.2021 passed in M.Cr.C.
SAN
Digitally signed by JYOTI
CHOURASIA
Date: 2021.12.13 17:11:36 IST
3 MCRC-57059-2021
No.55530 of 2021. In my opinion, the application hence deserves to be
allowed.
07. Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed to be
released on bail on furnishing a 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 trial Court for his regular appearance before the trial
Court during trial with a condition that he shall remain present before the
Court concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
08. This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA)
JUDGE
jyoti
Signature Not Verified
SAN
Digitally signed by JYOTI
CHOURASIA
Date: 2021.12.13 17:11:36 IST
