Vikas Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 14238 MP

Citation : 2024 Latest Caselaw 14238 MP
Judgement Date : 15 May, 2024

Madhya Pradesh High Court

Vikas Gupta vs The State Of Madhya Pradesh on 15 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 15 th OF MAY, 2024
                                        MISC. CRIMINAL CASE No. 19480 of 2024

                          BETWEEN:-
                          VIKAS GUPTA S/O LATE SHRI BHOLA PRASAD GUPTA,
                          AGED ABOUT 26 YEARS, OCCUPATION: FARMER R/O
                          VILLAGE OLD DEVSAR, POLICE STATION SARAI,
                          DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY MS. NAMRATA K. AGRAWAL )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION SARAI DISTRICT SINGRAULI (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER FOR STATE.
                          SHRI ABDHESH KUMAR GUPTA - ADVOCATE FOR COMPLAINANT.

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

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 10.03.2024 by Police Station- Sarai, District Singrauli in connection with Crime No.273/2024, registered for offence punishable under Sections 306 IPC and Section 66(E) of Information & Technology (Amended ) Act, 2000.

2. It is the submission of learned counsel for the applicant that applicant is suffering confinement since 10.03.2024 and charge-sheet has already been filed, therefore, chance of tampering with evidence/witness is remote. It is

further submitted that applicant and deceased shared emotional proximity and applicant wanted to marry her but because of close relation this could not have been materialized. Therefore, being compelled by the circumstances, deceased committed suicide. No suicide note is available on record to suggest any implicative nature of allegation qua present applicant. Infact, when family members of deceased refused to marry her with applicant then being frustrated by such decision, she committed suicide. Although one photograph of close proximity is part of case diary but it nowhere indicates that it was a reason for goading the deceased to such an extent where she committed suicide.

3. Learned counsel for the applicant has relied upon the judgment of

this Court in case of Virendra Singh Rana & Ors v. State of M.P., 2024 SCC OnLine MP 387 and submits that no element of abetment as per Section 107 IPC indicates any implicative role of applicant. Applicant undertakes to cooperate in trial and would abide by all the terms and condition as imposed by this Court. Applicant further undertakes not to be a source of embarrassment and harassment to the complainant party in any manner. Under these grounds, he prayed for bail.

4. Learned counsel for the State opposed the prayer and prayed for dismissal of application.

5. Learned counsel for the complainant vehemently opposed the prayer and submits that it was an incestual relationship and therefore, family members of deceased were not ready to solemnize marriage with applicant. However, role of applicant was implicative and because of his conduct, she committed suicide.

6. Heard learned counsel for the parties at length and perused the case

diary.

7 . Considering the submissions and nature of allegation, without commenting on the merits of the case, this Court intends to allow this application but with certain stringent conditions. Accordingly, 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 two solvent sureties in the like amount to the satisfaction of trial Court.

8 . 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;