Madhya Pradesh High Court
MCRC/57415/2023 of ISHWAR@KISHWAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 57415 of 2023
BETWEEN:-
ISHWAR@KISHWAR S/O RAMESH, AGED ABOUT 40YEAR S , OCCUPATION: LABOUR GRAM JAMNIYATEHSIL MANDAV (MADHYA PRADESH)
(BY SHRI ANOPAM CHOUHAN - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER PS MANDAV (MADHYA PRADESH)
(BY SHRI SAGAR MULEY - PP)
.....RESPONDENT
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ORDER
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.158/2023 registered at Police Station Mandav, Distt. Dhar (M.P.) under Section 306 of the IPC.
The prosecution case is that on 25.10.2023 a murg was registered on theinformation of brother Ramesh who is brother of deceased informing thatdeceased has committed suicide by hanging on a tree. The incident had takenplace on 25.10.2023. After about 12-13 days, in the statement recordedu/S.161 Cr.P.C, the brother alleged that the applicant used to harass thedeceased and threatened her with dire consequences and for the said reasons the deceased committed suicide by hanging.
Counsel for applicant submits that the applicant has been falselyimplicated and in the first information in the dehati nalishi the brother has notdisclosed the aforesaid allegations. First time he made allegation of harassmentin his statement u/S.161 Cr.P.C which was recorded on 7.11.2023 after 12-13days. He has been falsely implicated.
Counsel for State opposed the prayer and submits that there is a specificallegation of abatement by the brother against the applicant After hearing learned counsel for parties and taking into considerationthat the allegation regarding harassment to the deceased was not informed indehati nalishi and first time in the statement u./S.161 Cr.P.C which wasrecorded after 12-13 days the allegation was made. The applicant is in jail since7.11.2023. The charge sheet has been filed. No further custodial interrogationis required. Trial is likely to take time.
In view of the aforesaid, I am of the view that the applicant is entitledfor grant of bail. Therefore, without expressing any view on the merits of thecase, the application is allowed.
It is directed that Applicant shall be released from custody uponfurnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) withone surety of the like amount to the satisfaction of the Ld. Court below.
It is further made clear that if it is found that the applicant is involvedin any other case during the trial, this bail order shall stand cancelledautomatically without reference to the Court and the Police will be at liberty toarrest the applicant.
A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.Court below.
VM
(VIJAY KUMAR SHUKLA)JUDGE