Madhya Pradesh High Court
Rahul vs The State Of Madhya Pradesh on 6 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 MCRC-30180-2025
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. 30180 of 2025
RAHUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vimal Kumar Gangwal - Advocate for the petitioner [P-1].
Shri Amit Raval, 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.153 of 2025 registered at Police Station -
Shivgarh, District Ratlam(M.P.) for offence punishable under Section 108,
85 of BNS, 2023. Applicant is in judicial custody since 07.05.2025.
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. There was no intention or mens rea for death of his pregnant
wife. The applicant was happily married with Radhabai @ Radhubai for five
years. They were blessed with a child. Radhabai suspected extra marital
2 MCRC-30180-2025
affair of applicant. Learned counsel referring to judgments of Supreme
Court in the cases 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 Radhabai. The final report has
been submitted on completion of investigation. There is no likelihood of
tampering with evidence by the applicant. The trial would take time to
conclude. Jail incarceration is causing hardship to the dependent family
members. 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 submits that no criminal antecedent is reported against the
applicant.
According to the material available on the case diary, Radhabai
consumed some poisonous substance at her matrimonial home on
19.04.2025. She was admitted for treatment at Community Health Center,
Bajna, District Ratlam, where she succumbed to death. The relatives of
Radhabai alleged that the applicant was harassing Radhubai and threatening
to leave her. Radhubai suspected extra marital relations of the applicant,
therefore, she committed suicide by consuming insecticide due to the
3 MCRC-30180-2025
harassment of the applicant. On such allegation, Police Station - Shivgarh,
District Ratlam (M.P.) registered FIR for offence punishable under Sections
108 and 85 of BNS, 2023. Applicant is in judicial custody since
07.05.2025. The final report has been submitted on completion of
investigation. The trial is underway. The contentions raised by applicant has
prima facie substance. The veracity of prosecution will be determined after
evidence in the trial.
As informed, the applicant is aged around 22 years. He is agricultural
labourer by profession and has the responsibility of dependent family
members i.e. his young child and aged parents. Considering these aspects,
there appears to be no possibility of fleeing from justice. In absence of any
criminal antecedent against the applicant, 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-Rahul 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
4 MCRC-30180-2025
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 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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
VD
