Shubham Raikwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4251 MP

                                                                        1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 28th OF MARCH, 2022

                                                   MISC. CRIMINAL CASE No. 14736 of 2022

                                          Between:-
                                          SHUBHAM RAIKWAR S/O SUNDARLAL RAIKWAR ,
                                          AGED ABOUT 21 YEARS, R/O VILLAGE TIJALPUR,
                                          P.S. GAIRATGANJ, RAISEN (M.P.) (MADHYA
                                          PRADESH)

                                                                                                    .....PETITIONER
                                          (BY SHRI SANKALP KOCHAR, ADVOCATE)

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH
                                          POLICE STATION GAIRATGANJ DISTRICT RAISEN
                                          (MP) (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                          (BY SHRI PRAMOD PANDEY, GOVT. ADVOCATE)

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

This is the first bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail.

The applicant has been arrested on 10.3.2022 by Police Station- Gairatganj, District-Raisen (M.P.) in connection with Crime No.84/2022 f o r t h e offence punishable under Section 306 of the Indian Penal Code.

It is submitted that he has falsely been implicated in the case, he has not committed any offence in any manner. The allegation against the present applicant is that applicant as well as deceased were in loving terms and subsequently the applicant has refused to marry her. The father of the applicant is trying to get her marriage settled but every time the applicant used to intervene and has defamed the deceased in the entire village which finally resulted into non-engagement of the deceased with any one. She was under great depression and as she was defamed

Signature Not Verified by the applicant she has committed suicide by hanging her on a tree in a jungle. It SAN

is argued that no case under Section 306 of IPC is made out against the applicant Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.31 17:37:56 IST

even if prosecution story is taken as it is. For offence under Section 306 of IPC

the ingredients of Section 107 of IPC are required to be fulfilled. There is no iota of instigation being given by the present applicant to the deceased to commit suicide. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Kanchan Sharma Vs. State of Uttar Pradesh & Anr.,

passed in Criminal Appeal No.1022/2021 decided on 17.9.2021 wherein, in para 7,8, 9 and 10 the Hon'ble Supreme Court has categorically held that no case under Section 306 of IPC is made out in case the ingredient of Section 107 of IPC are not completed. It was further observed that abatement involves mental process of instigating a person or intentionally aiding a person in doing of a thing. Without positive act on the part of the accused to instigate or aid in committing suicide, no one case be convicted for offence under Section 306 of IPC. To proceed against any person for the offence under Section 306 of IPC it requires an active act or direct act which led the deceased to commit suicide. He has further placed reliance upon the judgment passed by the Bombay High Court in the case of Anil Methaji Gedam Vs. State of Maharashtra, reported in 2019 SCC OnLine Bom 410, wherein considering the judgment passed in the case of Sachin Ramchandra Vs. The Senior Police Inspector, the Bombay High Court has quashed the entire criminal proceedings and he was discharge from the offence under Section 306 of IPC. It is submitted that in the present case, the facts and circumstances are exactly identical as he is already in custody and there are very less chances of tampering the prosecution case as investigation is almost complete in the matter. He is a first offender having no criminal past. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these ground, he has prayed for grant of bail to the applicant.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that investigation is still pending in the matter. There are specific allegation against the present applicant that he was involved in relationship with the deceased and has also defamed her in the entire village. Regular pressure was being created by the applicant on the deceased which is clear from the Signature Not Verified SAN statement of her parents. He is in custody since 10.3.2022 and as investigation is Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.31 17:37:56 IST still pending, therefore, he prays for dismissal of the bail application.

Considering the overall facts and circumstances of the case and also the fact that as investigation is still pending in the matter, this court does not deem it appropriate to allow this application at this stage.

Accordingly, this bail application is rejected. However, applicant is at liberty to repeat the same after filing of the charge- sheet.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.31 17:37:56 IST