Madhya Pradesh High Court
Vishal Soni vs The State Of Madhya Pradesh on 10 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:29770
1 MCRC-46297-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 46297 of 2025
VISHAL SONI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhilesh Kumar Saxena advocate for the applicant.
Shri Apoorv Joshi public prosecutor for State.
ORDER
This second application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 208 of 2025,
registered at Police Station - Manakchowk District Ratlam(M.P.) for offence
punishable under Section 108 of the BNS 2023. Applicant is in judicial custody
since 10.04.2025. Earlier bail application was dismissed as withdrawn vide order
dated 6.08.2025 passed in MCRC No. 31481/2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
Learned Counsel for the applicant, in addition to the grounds mentioned in
the application, submits that applicant has been falsely implicated in the alleged
offence merely for the reason that he is the husband of deceased - Neha. He has
not committed the alleged offence. There is no allegation that in close proximity
of death, applicant had instigated, compelled, goaded, induced or abetted Neha to
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commit suicide. Learned counsel referring to judgments of Supreme Court
in the case of Sanju @ Sanjay Singh Sengar Vs. State of M.P. reported in AIR
2002 SC 199; Amalendu Pal @ Jhantu Vs. State of West Bengal, reported in
(2010) 1 SCC 707, Arnab Manoranjan Goswami Vs. State of Maharashtra and
Others reported in 2020(SCC Online) SC 964 and Abhinav Mohan Delkar vs.
State of Maharashtra reported in 2025 INSC 990 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 or reason for death of
Neha. Final report has been submitted on completion of investigation. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
causing hardship to the dependent family members of the applicant. He is ready
to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicants.
According to the material on the case diary, Neha consumed insecticide
celphos on 08.04.2025 around 3-5 a.m. at the residence of her uncle at
Hanumankhadi Ratlam. The dead body was forwarded for post-mortem
examination. The Medical Officer opined that cause of death will be given after
receipt of chemical analysis report of viscera as well as report of first gastric
lavage sample. Neha was living separately for last eight months. She was
unhappy for the reason that her husband Vishal is not visiting her. The uncle
of Neha alleged that Vishal (applicant) used to quarrel with her on petty issues.
Neha had committed suicide due to harassment of the applicant. Apparently,
Vishal was not present at the time of alleged incident. The veracity of prosecution
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and alleged instigation by applicant will be determined after evidence in the trial.
As informed, the applicant is aged around 25 years. He works in Bajaj
Showroom. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedents, considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the applicant.
However, the observations, herein-above, are recorded for present application
only.
Considering the rival contentions and overall circumstances of the case, in
the light of aforestated facts, 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- Vishal shall be released on bail
in connection with Crime, as mentioned in first paragraph of this order, upon
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one surety of the same amount to the satisfaction of the Trial Court,
for compliance with the following conditions : (For convenience of
understanding by accused and surety, the conditions of bail are also reproduced in
Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence ;
(2) आवेदक केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) 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 police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन
नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
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threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-
फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of
Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
This order shall be effective till the end of trial. However, in case of breach of
any of the preconditions of bail, the trial Court may consider, on merit,
cancellation of bail without any impediment from this order.
The trial Court shall get these 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/she had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
