Madhya Pradesh High Court
Shankar Singh vs The State Of Madhya Pradesh on 12 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:26277
1 MCRC-30538-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12 th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 30538 of 2025
SHANKAR SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave, Advocate for the applicant.
Shri Santosh Singh Thakur, Govt. Advocate for the respondent/State.
ORDER
This second application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita 2023/439 of Cr.P.C. for grant of
regular bail in connection with Crime No.421 of 2024 registered at Police
Station - Unhel, District Ujjain(M.P.) for offence punishable under Sections
80 and 115(2) of the Bharatiya Nyaya Sanhita, 2023. Applicant is in judicial
custody since 01.12.2024. His first application has been dismissed as
withdrawn vide order dated 02.04.2025, passed in M.Cr.C. No.13205 of 2025
with liberty to revive his prayer after completion of three months from the
date of order.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary available on ICJS 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
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implicated in the alleged offence merely for the reason that he is the husband
of deceased Pooja. He has not committed the alleged offence. Learned
counsel contends that there was no instigation or abetment or mensrea on the
part of the applicant for unfortunate suicide of his wife Pooja. Applicant was
married to Pooja on 10.04.2018. They were blessed with two children. There
was minor domestic discord and quarrel between applicant and his wife Pooja
over talking on mobile phone with another person. Learned counsel relied on
the judgments in 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 and Arnab Manoranjan Goswami Vs. State of
Maharashtra and Others reported in 2020(SCC Online) SC 964 to buttress
his contentions. He further submits that the final report has been submitted on
completion of investigation. Kripalsingh(PW1) father of deceased and
Bhimsingh(PW2) relative of deceased, have been examined. There is no
likelihood of tampering with remaining evidence by the applicant. Jail
incarceration on false accusation would cause hardship to the aged parents
and his young children, who have lost their mother. 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
applicant.
According to the material on the case diary, Pooja consumed
insecticides Celphos o n 01.11.2024. She was admitted to Krishna Hospital at
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Ujjain. Pooja succumbed to death on 02.11.2024. Her parents alleged that
Shankar Singh(applicant) was harassing Pooja on demand of money. Shankar
Singh has assaulted Pooja on 01.11.2024 and snatched her mobile. Pooja had
informed that she got angry and consumed Celphos due to frustration. The
veracity of prosecution and the role of the applicant will be determined after
evidence in the trial.
As informed, the applicant is aged around 25 years. He is an agriculturist
by profession and has responsibility of two minor children and aged
parents. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedent, considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with the 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-Shankar Singh 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
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: (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
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