Madhya Pradesh High Court
Shubham @ Pawan @ Shivam Chauhan vs The State Of Madhya Pradesh on 4 May, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21567/2021
(Shubham @ Pawan @ Shivam Chauhan Versus State of M.P. )
Gwalior, Dated:-4.5.2021
Heard through Video Conferencing.
Shri Atul Gupta, learned counsel for the applicant.
Shri Rajesh Shukla, learned Deputy Advocate General for the
respondent/State.
The applicant has filed this first application under Section 439
Cr.P.C. for grant of bail. The applicant has been arrested by Police
Station Hazira, District Gwalior in connection with Crime No.49/2021
registered in relation to the offence punishable under Section 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. As per the prosecution story the allegation
against the applicant is that he has refused to marry the deceased,
therefore, she has committed suicide. Learned counsel for the
applicant further submits that the investigation is over in the matter
and charge-sheet has been filed on 19.3.2021. The applicant is a first
offender. He is ready to abide by all the terms and conditions as may
be imposed by this Court and looking to the tender age of the
applicant and the present scenario of Covid-19 pandemic he prays for
grant of bail. It is further argued that mere a refusal to marry does
not fall under the provisions of section 306 of IPC as has been held
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21567/2021
(Shubham @ Pawan @ Shivam Chauhan Versus State of M.P. )
by this Court in the case of Madiya @ Mahadev Vs. State of M.P.,
2006 (1) MPLJ 583. He has further relied upon the judgment passed
by the Hon'ble Supreme Court recently in the case of Arnab
Ranjan Goswami Vs. Union of India and others, (2020) 14 SCC
12, wherein the Hon'ble Supreme Court has categorically held that for
offence under section 306 of IPC ingredients of section 107 of IPC
are required to be fullfilled. It is submitted that in the present case
the suicide note recovered does not disclosed any of the fulfillment of
ingredients of section 306 or section 107 of IPC. Therefore, no case
under section 306 of IPC is made out. He is in custody since 2.2.2021
and prays for grant of bail.
Per contra, counsel for the State has opposed the bail
application stating that a detailed suicide note has been recovered,
wherein she has categorically stated that the deceased was having
love affair with the present applicant and on refusal to marry her she
has taken such a drastic step and has committed suicide. He fairly
submits that suicide note does not reflect any ingredient of offence
under section 306 of IPC. Filing of the charge-sheet has not been
disputed by the State counsel. Applicant being the first offender is also
not disputed.
Considering the overall facts and circumstances of the case
and without commenting upon the merits of the case and looking to
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21567/2021
(Shubham @ Pawan @ Shivam Chauhan Versus State of M.P. )
the present scenario of Covid-19 pandemic, this Court deems it
appropriate to allow this application. The application is allowed
subject to verification of the fact that there is no other criminal
case is pending against the applicant.
The applicant is directed to be released on bail on his furnishing
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 Investigation Officer/trial Court, as the case may be with
submission of written undertaking and the applicant 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 bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the
case may be;
3. 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 him from disclosing such facts to the Court or to the
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21567/2021
(Shubham @ Pawan @ Shivam Chauhan Versus State of M.P. )
Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the
offence of which he is accused.
5. The applicant will not seek unnecessary adjournments during
the trial; and
6. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be.
7. 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 State counsel to send E-copy of this order to
SHO of concerned police station as well as concerned Superintendent
of Police who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
In 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/Certified copy as per rules/directions.
(Vishal Mishra)
Judge
Pawar*
ASHISH PAWAR
2021.05.05
08:49:19
+05'30'
