Madhya Pradesh High Court
Sumer Singh vs The State Of Madhya Pradesh on 1 September, 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 1 st OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 33051 of 2025
SUMER SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Virendra Sharma Senior Advocate through VC with Shri Satish
Yadav advocate for the applicants.
Shri Rakesh Vyas advocate for the objector.
Shri Apoorv Joshi public prosecutor for State.
ORDER
This first application has been filed by the applicants under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 294/2025 registered at
Police Station - Neelganga District - Ujjain (M.P.) for offence punishable under
Sections 108, 3(5) of BNS, 2023. Applicants are in judicial custody since
03.07.2025.
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 applicants in addition to the grounds mentioned in the
application submits that the applicants are falsely implicated in the alleged
offence. Learned counsel referring to the FIR at crime No. 132/2025 dated
16.03.2025 submits that Rekha Chouhan, mother of Shikha, had lodged FIR with
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regard to assault and manhandling by the Bhanu with her daughter Shikha, who
was living in relationship with Bhanu for almost two years. When their
relationship turned sour, Shikha went to her parental home. There is no allegation
of instigation or abetment in close proximity of alleged suicide of Bhanu by the
applicants. Learned counsel referring to judgment of the 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 or death of Bhanu. Jail incarceration is
causing hardship to the applicants and their dependent families. Applicants are
ready to cooperate in the trial.
Per contra, learned counsel for the State, ably assisted by learned counsel for
the objector, opposes the application on the ground of gravity of alleged offence.
However, after going through the case diary, learned counsel for the State fairly
states that no criminal antecedent is reported against the applicants.
According to the material available on case diary, Bhanu Kulpare committed
suicide by hanging at his home on 14.05.2025. The medical officer, on
postmortem examination, reported that Bhanu had died due to asphyxia as a
result of antemortem hanging. One handwritten note and video recorded in mobile
phone of Bhanu was recovered, wherein Bhanu alleged that Siddhi @ Shikha and
her family members are responsible for his death. Siddhi @ Shikha and her family
members were demanding Rs. 25 Lacs and threatening to implicate him in rape
case. He is committing suicide due to harassment of Shikha @ Siddhi and her
family members. The material on record also shows that Shikha @ Siddhi was
living with relationship with Bhanu for last 2 years. Their relationship was
estranged. The mother of Shikha had lodged FIR against Bhanu for assaulting
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Shikha with iron pipe on 16.03.2025. The veracity of prosecution will be
determined after evidence in the trial.
As informed, the applicant no.1 - Sumer Singh is aged around 58 years and he
is auto driver by profession and has family responsibility of his children.
Applicant no. 2 - Shikha is aged 23 years and is homemaker by profession.
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 applicants, there appears to be no likelihood of tampering with
evidence or influencing the witnesses by the applicants. There appears to be no
compelling reason to continue incarceration of the applicants. 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 applicants on bail. Thus, the application is allowed.
Accordingly, it is directed that applicants- Sumer Singh and Shikha @
Siddhi 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.
25,000/- (Rupees Twenty Five Thousand only)each with one surety of the same
amount each 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 asunder):-
(1) Applicants shall remain present on every date of hearing as may be directed by the
concerned court;
(1) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहगे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
(3) Applicants 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;
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(3) आवेदकगण 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 ह ।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants 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 आवेदकगण धारा ३०९ दं. .सं. / ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे।
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
BDJ
