Madhya Pradesh High Court
Kamla @ Kamli Bai vs The State Of Madhya Pradesh on 15 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
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1 MCRC-41391-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 41391 of 2025
KAMLA @ KAMLI BAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Harshwardhan Sharma, Advocate for the applicant.
Shri Apoorv Joshi, Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 482 of
BNSS, 2023 for grant of anticipatory bail in connection with Crime No.486 of
2025 registered at Police Station - Rajgarh, District - Rajgarh(M.P.) for offence
punishable under Sections 108 and 3(5) of BNS, 2023.
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 this matter over
dispute of damaged pipes. It is alleged that deceased Gabbalal was demanding
pipe from Ram Babu and Kamla @ Kamlibai(applicant) to compensate damage of
his pipe line. Ram Babu and Kamla @ Kamlibai declined to give him the pipe,
rather, asked for compensation of loss of pipes of other villagers also. Gabbalal
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was frustrated and consumed insecticides. He was taken for treatment to Nidan
Hospital, Biaora Rajgarh. Gabbalal succumbed to death during treatment.
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 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 death of Gabbalal. Applicant enjoys good character and
social standing. The custodial interrogation of the applicant is not needed in the
matter. Jail incarceration on false accusation would cause hardship to the
applicant. She is ready to cooperate in investigation. Therefore, applicant may be
extended the benefit of anticipatory bail.
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 available on case diary, Gabbalal died during
treatment for consuming insecticides. Vikram S/o Gabbalal alleged that there was
dispute about damage of pipe which was outcome of external marital relations of
Ram Babu with a lady. The photographs of Ram Babu and the lady were made
viral. The relatives of the lady damaged the pipes of various agriculturists at
village Abhaypur. Gabbalal was asking pipe from Ram Babu and Kamla @
Kamlibai(applicant). When they denied providing him pipes, Gabbalal consumed
insecticides. Gabbalal had committed suicide due to mental harassment by Ram
Babu and applicant Kamla @ Kamlibai. On such allegation, Police Station -
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Kotwali, District Rajgarh registered the FIR for offence punishable under Section
108 and 3(5) of BNS, 2023 against Ram Babu and applicant Kamla @ Kamlibai.
The applicant is apprehending arrest in the matter. Prima facie , there is no direct
allegations that applicant instigated, goaded, intended or persuaded Gabbalal to
commit suicide. The veracity of prosecution will be determined after evidence in
the trial.
As informed, applicant is aged 42 years. She is a homemaker/agricultural
labourer by profession. Considering the age, profession and status of the
applicant, there appears to be no likelihood of fleeing from justice or involving in
any criminal activity. In absence of criminal antecedents, considering the socio-
economic status of the applicant, there appears to be no likelihood of tampering
with the evidence, influencing the witness or interfering in the investigation by
the applicant. The incarceration of applicant does not appear to be necessary for
the purpose of investigation. The grant of anticipatory bail to the applicant will
not cause prejudice to free, fair and full investigation. Considering her clean past,
age, status and profession, the applicant may suffer hardship and prejudice due to
incarceration entailing social disrepute and humiliation. Considering the overall
circumstances of the case, but without commenting on merits of the accusation,
this Court is inclined to grant anticipatory bail to the applicant. Thus, the
application is allowed.
Accordingly, it is directed that in the event of arrest, applicant-Kamla @
Kamlibai shall be released on bail in connection with Crime as mentioned in the
first paragraph of this order, upon furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety of the like
amount to the satisfaction of the officer making arrest/the Competent Court for
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compliance with the following conditions:(For the convenience of understanding
by accused and surety, the conditions of bail are reproduced in Hindi as under):-
1) Applicant shall be available for investigation on direction of the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosfndk miyC/k 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 djsxh ;k mlesa lfEefyr ugha gksxhA
(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 izdj.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 the BNSS. 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 xh ।
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 Investigation Officer /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.
(SANJEEV S KALGAONKAR)
JUDGE
pn
