Madhya Pradesh High Court

Ramji vs The State Of Madhya Pradesh on 8 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                             1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                   ON THE 8 th OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 18434 of 2024

                          BETWEEN:-
                          RAMJI S/O DINESH AHIRWAR, AGED ABOUT 20 YEARS,
                          OCCUPATION:    AGRICULTURIST    R/O   VILLAGE
                          SOSARKHEDA,     TEHSIL   SOHAGPUR     DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          ( SHRI SHREYASH PANDIT - ADVOCATE WITH SHRI SHAILENDRA SINGH
                          PATEL - ADVOCATE FOR APPLICANT )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          S T A T I O N MAKHAN    NAGAR     DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY MS. HEMLATA KSHATRIYA - PANEL LAWYER )

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

This is first bail application u/S.439 Cr.P.C for grant of bail filed on behalf of the applicant, who has been arrested on 04.11.2023 by Police Station- Makhan Nagar, Distt. Narmadapuram in connection with Crime No. 531/2023 for the offence punishable under Sections 306, 366 and 376 of the IPC.

2. It is the submission of learned counsel for the applicant that he is suffering confinement since 04.11.2023 and material prosecution witness (father of deceased) has been examined, therefore, chance of tampering with evidence/witnesses is remote. Even otherwise, it is a case of love relationship

wherein deceased wanted to marry present applicant but due to some dispute she went back to her maternal house and committed suicide. There is no element of abatement per se is available as per Section 107 of IPC. While placing reliance on the judgment of this Court in the case of Virendra Singh Rana and Ors. Vs. State of M.P. and Anr. reported in 2024 SCC OnLine MP 387 he submits that there was no such circumstances which existed in the case which could have pushed the deceased to the wall where she had no other option except to commit suicide. Confinement amounts to pretrial detention. He undertakes to cooperate in the trial. Under these grounds, he prayed for bail.

3. Learned State counsel opposed the prayer and prayed for its

dismissal.

4. Heard learned counsel for the parties at length and perused the documents appended.

5. Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

6 . This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) The applicant will co-operate in the investigation/trial, as the case may be;

(iii) 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;