Madhya Pradesh High Court

MCRC/4683/2024 of SANDIP NEWARE Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

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IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4683 of 2024

BETWEEN:-

SANDIP NEWARE S/O SHRI KESHAVRAO NEWARE,AGED ABOUT 21 YEARS, OCCUPATION: LABOURER R/OVILLAGE MANEGAON POLICE STATION KATANGI,DISTRICT BALAGHAT (MADHYA PRADESH)

(BY SHRI RAVINDRA BISEN - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KATANGI, DISTRICT BALAGHAT (MADHYAPRADESH)

(BY SHRI VINAY SHARMA - PANEL LAWYER )

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This fourth bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation toFIR No. 53/2023 dated 05.03.2023, registered at Police Station Katangi, DistrictBalaghat (M.P.) for commission of offence under Sections 323, 306 of IPC.Applicant is in detention since 05.03.2023.

2. Applicant's first, second and third bail applications were dismissed aswithdrawn and not pressed vide orders dated 21.03.2023, 26.04.2023 and04.08.2023 passed in M.Cr.C. No.12440/2023, M.Cr.C. No.15565/2023 and M.Cr.C. No.34306/2023 respectively.

3. As per the prosecution story, on 12.11.2022, 20 years old Payalcommitted suicide by hanging herself. Before committing suicide, she wrotesuicide note in which she mentioned that Sandip is blackmailing her and isfalsely implicating Mohit. She specifically noted that Sandip only is liable for herdeath because he wanted to get her entire life destroyed. FIR was registered.After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. Nooffence under Section 306 of IPC is made out. It is submitted that 8-9witnesses have already been examined. Learned counsel has referred some partof cross-examination of the mother of prosecutrix (PW/4) and on the aforesaidpretext, he has prayed for grant of bail.

5. On the other hand, learned counsel for the respondent/State hasopposed grant of bail to the applicant.

6. I have gone through the suicide note drawn by the deceased before herdeath. Considering the recital of the suicide note and the material on record, Iam of the view that it is not a fit case for grant of bail. Consequently, this fourthbail application too under Section 439 of the Code of Criminal Procedure forgrant of bail filed on behalf of applicant, stands dismissed.

ak

(DINESH KUMAR PALIWAL)JUDGE

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