Rajendra Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1006 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 17 th OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 61721 of 2022

                          BETWEEN:-
                          RAJENDRA YADAV S/O SHRI KAMLESH YADAV, AGED
                          ABOUT 20 YEARS, OCCUPATION: UNEMPLOYED, R/O
                          VILLAGE KHOHRA, POLICE STATION AND TEHSIL
                          JAITPUR, DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI ANIL DWIVEDI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION JAITPUR, DISTRICT SHAHDOL (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI AMIT SHARMA - GOVERNMENT ADVOCATE)
                          (BY SHRI PRANJAL TRIPATHI - ADVOCATE FOR THE OBJECTOR)

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

I.A. No.25561/2022, an application for assisting the Government counsel is allowed.

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

The applicant is in custody since 26.09.2022 in connection with Crime No.309/2022 registered at P.S. Jaitpur, District Shahdol (M.P.) for the offence punishable under Section 305 of IPC.

A s per the prosecution, the deceased was not well for 5-6 days. She Signature Not Verified Signed by: BHARTI GADGE Signing time: 1/17/2023 6:24:03 PM

committed suicide on 10.09.2022. Later on, after investigation on the basis of the mobile call recording of deceased, it was found that she was having an affair with the present applicant. The present applicant has abused her during one of the phone call. On the basis of this recording, present applicant has been implicated.

Learned counsel for the applicant submits that the applicant has been falsely implicated. It is stated that the present applicant has neither instigated nor abetted the crime. It is stated that the call recording is of 03.09.2022 whereas the deceased committed suicide on 10.09.2022. Relying on the judgment of the Hon'ble Apex Court in the case of Sanjay Sengar Vs. State of M.P.

reported in AIR 2002 SC 1998, it is stated that no offence under Section 305 of IPC is made out as the ingredients of Section 107 of IPC are missing.

Learned counsel for the complainant as well as counsel for the State have stated that only on the basis of the call recording of deceased, the present applicant has been implicated.

Considering the case diary and the call recording of the deceased, without adverting to the merits of the case, this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.

(NANDITA DUBEY) Signature Not Verified Signed by: BHARTI GADGE Signing time: 1/17/2023 6:24:03 PM

JUDGE b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 1/17/2023 6:24:03 PM