Sachin Dangi vs The State Of Madhya Pradesh
2023 Latest Caselaw 18111 MP

                                                               1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                ON THE 31 st OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 46821 of 2023

                            BETWEEN:-
                            SACHIN DANGI S/O SHRI KAILASH SINGH DANGI, AGED
                            ABOUT 32 YEARS, GRAM MIRJAPUR TEHSIL AND
                            DISTT. VIDISHA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                            (SHRI SANJAY GUPTA - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESHTHROUGH POLICE
                            STATION DEHAT VIDISHA DISTRICT VIDISHA
                            (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                            (SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR)

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

This first bail application has been filed by applicant under section 439 of

the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 408 of 2023 registered at Police Station Dehat Vidisha, District Vidisha (M.P.), for an offence punishable under Sections 306 and 498-A of IPC. The applicant is in judicial custody since 21.09.2023.

According to prosecution case, Doctor Aditya Gour from Bansal Hospital, Bhopal informed PS Chuna Bhatti, Bhopal that patient Sujata Dangi admitted at Bansal Hospital has expired on 08.06.2023 around 08:00 PM. It was

Signature Not Verified further informed that Sujata was brought by her husband Sachin Dangi on Signed by: VIJAY TRIPATHI Signing time: 01-11-2023 11:53:32 AM

08.06.2023 as she had consumed Sulphas poison. PS Chuna Bhatti registered unnatural death intimation and forwarded the same to PS- Dehat, Vidisha. During treatment, dying declaration of Sujata Dangi was recorded at Emergency Medical Center, Vidisha, wherein, she has stated that she had consumed poisonous substance for the reason that her husband was having affair with a girl. During inquest proceeding, Gyan Singh (father), Krishna Bai (mother), Pooja Dangi (sister), Akash and Vikash (brothers) of the deceased Sujata Dangi stated on 24.06.2023 that husband of the Sujata accused Sachin was having affair with a girl and used to manhandle Sujata, when she took exception to his extra-marital affair. Sujata feeling aggrieved and harassed, committed suicide

due to ill-treatment of her husband Sachin Dangi. On such allegations, PS- Dehat Vidisha registered FIR at Crime No.408/2023 for or an offence punishable under Sections 306 and 498-A of IPC against applicant/accused Sachin Dangi. Sachin was arrested on 21-09-2023. He is in custody ever since.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant Sachin was married to Sujata in year 2014. There was no dispute between husband and wife. Applicant is falsely implicated due to suspicion of his having extra-marital affair with a girl. Learned Counsel submits that even if the statement of deceased in her dying declaration is taken into consideration, no case is made out with regard to aiding, instigating or abetting the suicide. Learned counsel referring to judgment of the Apex Court in case of K.V. Prakash Babu Vs. State Of Karnataka order dated 22.11.2016 in CRA No.1138-1139 of 2016 , contends that mere allegation of extra-marital affair of husband would not by itself be sufficient to constitute offence of abetment of suicide. Learned Counsel further submits that no Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 01-11-2023 11:53:32 AM

criminal antecedent of similar nature is alleged against the applicant. He is resident of Village Mirzapur, District Vidisha. He is an agriculturist by profession. He has a minor daughter to look after. He is sole bread earner in the family and there is no likelihood of his absconding leaving behind his family, home and agricultural land. There is no likelihood of interfering in the investigation or tampering with the evidence. On completion of investigation, Final Report has been filed on 25.09.2023, therefore, no further custodial interrogation of the applicant is needed. Jail incarceration is causing hardship to the applicant and his family. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. Learned Counsel submits that family members of the deceased have alleged ill-treatement and severe manhandling against applicant, therefore, he does not deserve to be released on bail.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant Sachin Dangi shall be released

on bail in connection with Crime No. 408 of 2023 registered at Police Station Dehat Vidisha, District Vidisha (M.P.), for an offence punishable under Sections 306 and 498-A of IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 01-11-2023 11:53:32 AM

1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.

(SANJEEV S KALGAONKAR) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 01-11-2023 11:53:32 AM