Sulendra Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3569 MP

                                                                        1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 14th OF MARCH, 2022

                                                   MISC. CRIMINAL CASE No. 10686 of 2022

                                          Between:-
                                          SULENDRA VISHWAKARMA S/O SHRI BRIJBHAN
                                          VISHWAKARMA , AGED ABOUT 19 YEARS,
                                          OCCUPATION: STUDY R/O VILLAGE KHIRWA
                                          POLICE STATION MORWA, DISTRICT (MADHYA
                                          PRADESH)

                                                                                                    .....PETITIONER
                                          (BY SHRI VINAY SINGH BAGHEL, ADVOCATE)

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH
                                          POLICE STATION MORWA DISTRICT SINGRAULI
                                          (M.P.) SINGRAULI (M.P.) (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                          (BY SHRI A.K. SHUKLA, GOVT. ADVOCATE )

                                       This application coming on for admission this day, the court passed the
                                 following:
                                                                         ORDER

This is the second bail application under Section 439, Cr.P.C filed by the

applicant for grant of bail.

Earlier application of the applicant was dismissed as withdrawn with liberty to repeat the same after the receipt of report of handwriting expert with respect to dying declaration documents collected by the prosecution vide order dated 7.2.2022, passed in M.Cr.C. No.5004/2022.

T h e applicant is arrested on 24.12.2021 by Police of Station Station - Morwa, District-Singrauli in connection with Crime No.726/2021 for the offence punishable under Section 306 of the Indian Penal Code.

The case of prosecution is that deceased has committed suicide by consuming some poisonous substance and after investigation it was found that deceased was deserted lady living at her parental house had love affairs with the present applicant and present applicant had making pressure to perform marriage Signature Not Verified SAN

with the deceased due to which she had committed suicide on 12.12.2021 and later Digitally signed by MOHD IRFAN SIDDIQUI

on police had recovered suicide note written by deceased alleging that she had Date: 2022.03.16 19:14:32 IST

committed suicide because present applicant had refuse to perform marriage.

The present application has been filed on the ground of custody period of the applicant. It is argued that the applicant is in custody since 24.12.2021 and looking to the material available on record, no case for offence under Sections 306

of IPC is made out against the applicant. It is submitted that the applicant is ready to abide by all the terms and conditions as may be imposed by this Court while considering his application for grant of bail. The applicant is the first offender. Upon these grounds, counsel for the applicant prays for grant of bail. He has placed reliance upon the judgment passed by the coordinate bench of this court in M.Cr.C. No.9454/2021 decided on 31.3.2021 - Prachi Vs. The State of M.P., Criminal Appeal No.470/1999 dated 7.3.2022 Mohanlal Vs. State of M.P.. He has also placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Chitresh Kumar Chopra Vs. State (Govt. of NCT of Delhi), passed in Cr.Appeal No.1473/2009 dated 10.8.2009.

P e r contra, learned counsel appearing for the State has opposed the application stating that there are specific allegations against the present applicant. The suicide note which has been recovered was sent to hand writing expert and the report has been received in which the hand writing is matching, therefore, he prays for dismissal of the bail application.

Considering the over all facts and circumstances of the case and the looking to the fact that the suicide note which has been recovered and the hand writing is matching, no case for grant of bail is made out.

Accordingly, the bail application is rejected.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.16 19:14:32 IST