Pooran Singh vs The State Of M.P.
2022 Latest Caselaw 6536 MP

                                                                     1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 2nd OF MAY, 2022

                                                 MISC. CRIMINAL CASE No. 19626 of 2022

                                         Between:-
                                         POORAN SINGH S/O SHRI. UDHAM SINGH , AGED
                                         ABOUT 24 YEARS, OCCUPATION: STUDENT R/O
                                         VILLAGE MANSAPURAN, POST JAMUSARKALA,
                                         TEHSIL BERASIYA, DISTRICT BHOPAL. (MADHYA
                                         PRADESH)

                                                                                                   .....PETITIONER
                                         (BY SHRI RAJIV JAIN, ADVOCTE )

                                         AND

                                         THE STATE OF M.P. THROUGH POLICE STATION
                                         BERASIYA DISTRICT BHOPAL, M.P. (MADHYA
                                         PRADESH)

                                                                                                 .....RESPONDENTS
                                         (BY SHRI HEMLATA KSHATRIYA, ADVOCATE)

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

Shri Kailash Bhardwaj, SHO, Police Station-Bairasia, District Bhopal is

present in person before this Court. He tenders his unconditional apology for not sending the dying declaration before this Court on earlier date stating that the same has been received with a delay from the Court of Magistrate. He assures before this Court in future, no such type of mistake shall be done.

This is the Second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. Earlier bail application was dismissed on merits vide order dated 30/03/2022 passed in M.Cr.C No.15107/2022.

The applicant has been arrested on 23/02/2022 by Police Station-Bairasia, District Bhopal (M.P.) in connection with Crime No.120/2022 for the offence punishable under Sections 306 and 34 of the IPC.

As per the prosecution story, the present applicant has abetted Leela Bai, as a result of which she consumed poison on 18/02/2022 owing to which she Signature Not Verified SAN

Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.05.04 16:03:28 IST succumbed on 20/02/2022.

It is submitted that he has been falsely implicated in the case and has not committed any offence in any manner. It is submitted that there is no element of abetment which is reflected from the prosecution story. It is submitted that no ingredient of 107 of IPC is made out looking to the statement i.e dying declaration

which have been recorded by the deceased. There is nothing any statement recorded on 18/02/2022 of deceased Leela Bai that any instigation was given by the present applicant for commission of suicide. Charge sheet has been filed on 19/04/2022 in the matter. He is in custody since 23/02/2022. It is argued that for making a case under Section 306 of the IPC the necessary ingredient of Section 107 of the IPC are required to be proved. He has placed reliance upon the recent judgement passed by the Hon'ble Supreme Court in the case of Madan Mohan Singh Vs. State of Gujarat and another reported in (2010) 8 SCC 628 and in the case of Bhabani Prasad Jena Vs. Convenor Secretary, Orissa State Commission for Women and another reported in (2010) 8 SCC 633. And also, in the case of Gurucharan Singh Vs. The State of Punjab reported in 2020 (10) SCC 200. Applicant is the first offender. 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 grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State as well as objector could not dispute the aforesaid facts. There is no recovery from the possession of the present applicant. It is submitted by the counsel for the State that applicant is the first offender is not disputed by the State counsel.

Considering the over all facts and circumstances of the case and the judgment passed by the Hon'ble Supreme Court in the case of Gurucharan Singh (supra), without commenting upon the merits of the case, this application is allowed. Subject to verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

Signature Not Verified SAN In view of the COVID-19, jail authorities are directed to follow the Covid Digitally signed by PRARTHANA SURYAVANSHI Protocol guidelines, before releasing the applicant. Date: 2022.05.04 16:03:28 IST

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 Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. If the applicant is found involved in any case except present one, her bail shall stand rejected without any reference to the court;

8 . 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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE Prar

Signature Not Verified SAN

Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.05.04 16:03:28 IST