Madhya Pradesh High Court
Devilal Bhat vs The State Of Madhya Pradesh on 6 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:28988
1 MCRC-38878-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 6 th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 38878 of 2025
DEVILAL BHAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Tiwari - Advocate for the applicant. (through V.C.).
Shri Santosh Singh Thakur - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.289/2025 registered at Police Station -Unhel,
District Ujjain(M.P.) for offence punishable under Section 108 of BNS,
2023. Applicant is in judicial custody since 19.06.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary 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 -
Jeevan Bai. He has not committed the alleged offence. There is no allegation
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that in close proximity of death, applicant had instigated, compelled, goaded,
induced or abetted Jeevan Bai to 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
Jeevan Bai. Final report has been submitted on completion of investigation.
There is no likelihood of tampering with evidence by the applicant for the
reason that he is a labourer by profession and he is not able to influence the
witnesses. Jail incarceration is causing hardship to the dependent family
members of the applicant. They are 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, Jeevan Bai committed
suicide by setting herself ablaze at her matrimonial home on 13.06.2025. A
passer-by Gopal, neighbor Dilip and Sevaram found Jeevan Bai in burnt
condition at her home. They informed P.S. Unhel. The dead body was
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forwarded for post-mortem examination. The Medical Officer opined that
Jeevan Bai had died due to burn injuries ante-mortem in nature. The relatives
of Jeevan Bai alleged that Devilal(applicant) used to manhandle Jeevan Bai
after intoxication. Jeevan Bai had committed suicide due to harassment of
the applicant. Apparently, Devilal was not present at the time of alleged
incident. The contentions of the applicant have prima facie substance. The
veracity of prosecution and alleged instigation by applicant will be
determined after evidence in the trial.
As informed, the applicant is aged around 52 years. He is a labourer by
profession. He has the responsibility of dependent family members.
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 remaining 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- Devilal shall be released on bail
in connection with Crime, as mentioned in first paragraph of this order, upon
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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 of similar nature;
(2) आवेदक समान कृ ित का 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
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 of 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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
