Durgesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6054 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                    BEFORE
                                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                               ON THE 25th OF APRIL, 2022

                                                    MISC. CRIMINAL CASE No. 18403 of 2022

                                            Between:-
                                            DURGESH S/O SURENDRA KUMAR HADA , AGED
                                            ABOUT 22 YEARS, OCCUPATION: STUDENT R/O
                                            GADULI   TEHSIL   MEGHNAGAR     (MADHYA
                                            PRADESH)

                                                                                                    .....PETITIONER
                                            (BY SHRI VIKAS RATH, ADVOCATE)

                                            AND

                                            THE STATE OF MADHYA PRADESH STATION
                                            HOUSE OFFICER THROUGH POLICE STATION
                                            KHUDEL (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                            (BY SHRI MUKESH SHARMA, GOVT. ADVOCATE
                                            SHRI ASHISH GUPTA, ADVOCATE FOR COMPLAINANT )

                                         T h is application coming on for orders this day,Hon'ble Shri Justice
                                   Satyendra Kumar Singh passed the following:
                                                                            ORDER

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 01.04.2022 in connection with Crime No.193/2022 registered at Police Station Khudel, District Indore (M.P.) for commission of offence punishable under Sections 306 r/W 34 of IPC.

Prosecution story, in brief is that applicant, co-accused and deceased Chetan Patidar were students of Index Medical College. Applicant and co-accused Romil Singh Bhadoria are students of MBBS 2nd Year while deceased Chetan Patidar was student of MBBS 1st Year. Applicant alongwith co-accused being seniors of deceased take his ragging and harassed him mentally and physically. Being piqued by the situation, on 30.03.2022, deceased has taken extreme step of committing suicide by hanging to noose in his hostel room. Accordingly, case has Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.04.26 11:33:04 IST been registered against the applicant.

Learned counsel for the applicant submits that there are two hostels in the Index Medical College i.e. Ashoka Hostel which is for MBBS 1st Year students and Swami Vivekanand Hostel which is for MBBS 2nd, 3rd and 4th Year students. Deceased Chetan Patidar got admitted in Ashoka hostel on 28.02.2022 and stayed

there till 02.03.2022 and left his hostel room on 03.03.2022 at about 2 p.m. Thereafter, he came back in the hostel on 29.03.2022 in the evening and on 30.03.2022, he was found hanging to noose in his hostel room. The record shows that in all, he stayed at hostel for four days, therefore there is no reason to believe that applicant and co-accused harassed or misbehaved with the deceased in such a short span of time. Applicant was staying in Swami Vivekanand Hostel and deceased was not in the hostel for a reasonable long time. Hence, it cannot be assumed that he was subjected to any harassment constantly to drive him to take extreme step of committing suicide. There is no suicide note left behind by him making any allegations against the applicant. There was no act on the part of the applicant which led the deceased to commit suicide. Hence, offence u/S 306 of IPC is not made out against the applicant. Moreso, the Anti Ragging Committee of the college has submitted its report and did not find applicant or co-accused liable for death of deceased.There is no direct or indirect evidence against the applicant. In support of his submissions, learned counsel relied upon the judgment of Hon'ble Supreme Court passed in Cr.A. NO. 742/2020[Arnab Manoranjan Goswami Vs. The Stateof Maharasthra & Ors.]. Applicant is 22 years of age and a student of MBBS 2nd Year and in the company of hardened criminal inside the jail, his future will be spoiled as he is in custody since 01.04.2022. His custodial interrogation is no more required in the matter and trial will take time to conclude. In the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the non-applicant- State as well as learned counsel for the complainant vehemently oppose the application and submits that deceased Chetan Patidar left the hostel due to harassment made by the applicant and co-accused person. Deceased himself told about applicant's act to his father Signature Not Verified SAN and memory card with regard to the conversation took place between the deceased Digitally signed by SEHAR HASEEN Date: 2022.04.26 11:33:04 IST and his father has been seized. Offences alleged against the applicant are serious in

nature as a bright student has ended his life due to the act of applicant and co- accused person. Hence, no indulgence is warranted in the matter of grant of bail.

Heard, learned counsel for the parties and perused the record. Perusal of the record reveals that after getting admission in hostel, deceased left the hostel room on 03.03.2022 at about 2 p.m. and was living with his relative at Indore. As per statement of deceased's room partner Hariom Patidar recorded u/S 161 of Cr.P.C., deceased came on 29.03.2022 in the evening and on 30.03.2022, he was found hanging in his room. Hariom Patidar in his statement recorded on 30.03.2022 as well as statement recorded on 01.04.2022 no where

stated that on 29-30.03.2022, applicant or co-accused met the deceased. Hariom in his statement recorded on 01.04.2022 although stated that deceased committed suicide due to harassment made by the seniors. However, he did not mention the aforesaid fact in his statement recorded u/S 161 of Cr.P.C. on 30.03.2022. From the statement of father of the deceased recorded u/S 161 of Cr.P.C. also, it is not clear that just before the incident, deceased informed him about any harassment done by the applicant or co-accused.

In view of the aforesaid discussion, age of applicant and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties of Rs. 50,000 each to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

I n view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

Signature Not Verified This application is allowed and stands disposed of. SAN

Digitally signed by SEHAR HASEEN Certified copy, as per Rules.

Date: 2022.04.26 11:33:04 IST

(SATYENDRA KUMAR SINGH) JUDGE sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.04.26 11:33:04 IST