Madhya Pradesh High Court
Antarsingh vs The State Of Madhya Pradesh on 27 January, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 27th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 3599 of 2025
ANTARSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vishal Patel - Advocate for the applicant.
Shri Santosh Singh Thakur - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No.950/2024
registered at Police Station Manawar, District Dhar(M.P.) for offence
punishable under Section 108 of BNS. The applicant is in judicial custody
since 20.12.2024.
As per the case of prosecution, Lakhan S/o Amar Singh Mehda
consumed insecticide on 07.08.2024 at his home. Initially, he was treated at
Dhar and Manawar. Later, he was shifted to R.K. Hospital, Indore and M.Y.
Hospital, Indore. Lakhan succumbed to death on 22.08.2024 at M.Y.
Hospital Indore. P.S. Kotwali Manawar Distt. Dhar registered Unnatural
Death Intimation No. 155/2024. The dead body of the deceased - Lakhan
was forwarded for postmortem examination. The Medical Officer opined that
Lakhan had died due to cardio-respiratory failure, as a result of ingestion of
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unknown poisonous substance. His viscera was preserved for chemical
analysis. During inquest, family members of deceased - Lakhan alleged
that their relative Antar Singh quarrels and creates dispute with them.
Lakhan has consumed insecticide, feeling distressed and harassed by Antar
Singh. During his treatment, Lakhan has also given a statement alleging that
Antar Singh had assaulted his father on 06.08.2024. He was going to the
house of Antar Singh with regard to this incident, but his family members
intercepted him, therefore he consumed insecticide. On such allegations,
P.S. Manawar Distt. Dhar registered FIR for offence punishable u/S 108 of
BNS, 2023. Applicant - Antar Singh was arrested on 20.12.2024. He is in
custody ever since. Relevant seizures have bee made. Investigation is
underway.
Learned Counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant has been falsely
implicated in the matter. No offence, as alleged, is made out against the
applicant. He never intended death of his nephew - Lakhan. No offence as
alleged is made out against the applicant. Learned counsel referring to
judgment of Hon'ble Supreme Court in the case of Arnab Manoranjan
Goswami Vs. State of Maharashtra and Another reported in (2021) 2 SCC
427, contends that mere harassment without any positive proximate action on
part of the accused showing mens-rea to abet the suicide does not amount to
abetment for suicide. There is no allegation that in the proximity of death of
Lakhan, the applicant compelled him to commit suicide. Learned Counsel
further submits that the applicant is aged around 41 years. He is an
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agriculturist. He is the sole bread earner of the family. No criminal
antecedent is reported against the applicant. 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.
Heard the arguments, perused the grounds for grant of bail stated in
the application and the case diary.
In view of the age, profession, socio-economic status, family
background and responsibilities of the applicant, there appears to be no
likelihood of his tampering with the evidence or possibility to flee from
justice.
Considering the rival contentions, nature and gravity of accusation
against the applicant, his conduct reflected by the material on record and
overall circumstances of the case, but without commenting on the merits, this
Court is inclined to release the applicant on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicant - Antar Singh S/o Pmdiya
Mehda shall be released on bail in connection with the Crime as stated in
para-1 of this order, upon furnishing personal bond and surety bond of
amount, as may be considered appropriate by the Trial Court/The Committal
Court for compliance with conditions, as may be imposed by such Court
under Section 437(3) of Cr.P.C. 1973 / Section 480(3) of BNSS, 2023, to
secure presence of the applicant for the trial.
This order shall be effective till the end of trial. However, in case of
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breach of any of the preconditions of bail, the Trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
C.C. as per rules
(SANJEEV S KALGAONKAR)
JUDGE
sh
