Madhya Pradesh High Court
Rekha vs The State Of Madhya Pradesh on 1 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:24438
1 MCRC-31876-2025
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. 31876 of 2025
REKHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Virendra Sharma Senior Advocate through VC with Shri Satish Yadav
advocate for the applicant.
Shri Rakesh Vyas advocate for the objector.
Shri Apoorv Joshi public prosecutor for State.
ORDER
This first application has been filed by the applicant 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. Applicant is 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 applicant in addition to the grounds mentioned in the
application submits that the applicant is 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 (applicant), mother of Shikha, had lodged FIR with
NEUTRAL CITATION NO. 2025:MPHC-IND:24438
2 MCRC-31876-2025
regard to assault and manhandling by the deceased Bhanu with her daughter
Shikha, who was living in relationship with deceased Bhanu for almost two years
and 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 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 or death of
Bhanu. Jail incarceration is causing hardship to the applicant. Applicant is ready
to cooperate in the trial.
Per contra, learned counsel for the State, ably assisted by counsel for the
objector opposes the application on the ground of gravity of alleged offence.
Learned counsel for the State refers to one criminal antecedent against the
applicant as mentioned in the case diary.
In reply, learned counsel for the applicant submits that other matter is pending
for trial in which the applicant has been extended benefit of bail. She has never
been convicted for any offence.
According to the material available on case diary, Bhanu Kulpare had
committed suicide by hanging at his home on 14.05.2025. The medical officer,
on postmortem examination, reported that Bhanu has 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
NEUTRAL CITATION NO. 2025:MPHC-IND:24438
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family members. The material on record also shows that Shikha @ Siddhi was
living in relationship with Bhanu for last 2 years. Their relationship was
estranged. The mother of Shikha, Rekha (applicant) had lodged FIR against
Bhanu for assaulting Shikha with iron pipe on 16.03.2025. The veracity of
prosecution will be determined after evidence in the trial.
As informed, the applicant is aged around 53 years and she is homemaker by
profession. Considering these aspects, there appears to be no possibility of fleeing
from justice. In absence of any substantial criminal past and previous conviction
for any major offence, 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- Rekha 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) 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 asunder):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) vkosfndk lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
NEUTRAL CITATION NO. 2025:MPHC-IND:24438
4 MCRC-31876-2025
(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) vkosfndk izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxh
ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) vkosfndk izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko
Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(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) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu
lqfuf'pr djsxhA
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
