Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 5980 MP

                                                  1

            IN THE           HIGH COURT               OF MADHYA PRADESH
                                         AT I N D O R E
                                              BEFORE
                             HON'BLE SHRI JUSTICE ANIL VERMA

                                   ON THE 12th OF APRIL, 2023

                            MISC. CRIMINAL CASE No. 14063 of 2023

            BETWEEN:-
            RAHUL S/O KARULAL REGAR, AGED ABOUT 22
            YEARS,    OCCUPATION:    AGRICULTURIST
            MAJIRIYA,  TEHSIL, RAMPURA,   DISTRICT
            NEEMUCH (MADHYA PRADESH)
                                                                       .....APPLICANT
            (BY SHRI NILESH DAVE-ADVOCATE)

            AND
            THE STATE OF MADHYA PRADESH STATION
            HOUSE OFFICER THROUGH POLICE STATION
            RAMPURA, DISTRICT NEEMUCH (MADHYA
            PRADESH)
                                                                    .....RESPONDENTS
            (BY SHRI SANTOSH SINGH THAKUR GA)
            _____________________________________________________________________
                     This application coming on for admission this day, the court passed
            the following:

                                              ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 12/2023 registered at P.S - Rampura, District- Neemuch (M.P.) for commission of offence punishable under Section 306 of IPC.

As per prosecution story, the applicant is the husband of the deceased, who committed suicide by jumping into well. During investigation, it has been gathered that present applicant was having illicit Signature Not relationship with other lady and he used to beat the deceased, due Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/12/2023 5:15:49 PM

to which, she committed suicide. Accordingly, the aforementioned offence was registered and he was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The alleged FIR has been lodged after lapse of 27 days without any proper explanation. He is not having any extra- marital affair with any other lady. Essential ingredients of section 306 of IPC is not established in the instant case. The deceased did not leave any suicidal note. Applicant is in custody since 18/01/2023 He is permanent resident of District- Neemuch. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

In support of his contention, learned counsel has also placed reliance upon the judgment delivered by Hon'ble Apex Court in the case of K.V. Prakash Babu Vs. State of Karnataka reported in AIR 2016 SC 5430, in which it has been held that mere involvement of husband in extra-marital relationship arising suspicion in the mind of wife cannot be regarded as mental cruelty to satisfy ingredients of offence under section 498-A and 306 of IPC Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/12/2023 5:15:49 PM

the fact that prior to the incident, the deceased did not lodge any FIR or complaint regarding any types of harassment made by the applicant; she did not leave any suicide note; no dying declaration was recorded; the alleged FIR is about 27 days belated; investigation is almost over, therefore, no further custodial interrogation of the applicant is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/12/2023 5:15:49 PM