[Cites 4, Cited by 0]
Madhya Pradesh High Court
Smt. Archna Gond vs The State Of Madhya Pradesh on 4 May, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-JBP:34741
1 MCRC-20261-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 4 th OF MAY, 2026
MISC. CRIMINAL CASE No. 20261 of 2026
SMT. ARCHNA GOND
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arun Kumar Vishwakarma - Advocate for the applicant.
Shri Himanshu Tiwari - Panel Lawyer for the 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.125/2026 registered at
Police Station - Gwarighat, District Jabalpur (M.P.) for offence punishable under
Section 108 of the BNS, 2023. Applicant is in judicial custody since 06.04.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application 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 merely for the reason that she was estranged wife of the deceased Sachin
Gond. The applicant was residing at her parental home for last six months due to
matrimonial discord with her husband - Sachin. Sachin did not allege any
instigation or abetment to commit suicide. He has merely stated that he was
frustrated due to separation of his wife. Learned counsel referring to judgment of
the Supreme Court in the case of Gangula Mohan Reddy v. State of A.P., reported
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in (2010) 1 SCC 750 , M. Mohan v. State, (2011) 3 SCC 626 ; 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. It is submitted that the applicant is a homemaker.
She has responsibility of her aged parents. There is no history of evading process
of law. There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the applicant and her dependent family.
Applicant is ready to cooperate in trial.
Per contra , learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, he fairly submits that no criminal
antecedent is reported in the case diary. Applicant is aged around 30 years. She is
a homemaker.
According to the accusation on case diary, Sachin (since deceased) was
married to the applicant - Smt. Archana Thakur around 11 years ago. They were
blessed with two sons. Archana was residing at her parental home. Sachin along
with his relatives went to the house of Archana but Archana refused to come with
him and to resume matrimonial relation. Sachin consumed insecticide. He was
admitted at Victoria hospital for treatment. Sachin expired on 22.09.2025. The
relatives of Sachin alleged that Sachin consumed poisonous substance due to
harassment of Archna. Accordingly, police station - Gwarighat registered offence
under Section 108 BNS. She was arrested on 06.04.2026. The trial would take
time to conclude. The contentions advanced by the applicant have prima-facie
NEUTRAL CITATION NO. 2026:MPHC-JBP:34741
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merit and cannot be dismissed as manifestly baseless. The veracity of prosecution
and complicity of the applicant will be determined after evidence in the trial.
As informed, the applicant has the responsibility of dependent parents.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of criminal past, considering the socio-economic status of the
applicant, there appears to be no likelihood of recidivism or 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- Smt. Archana Gond 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
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
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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/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
ks
