Madhya Pradesh High Court
MCRC/4410/2024 of JAGDISH 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 INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4410 of 2024
BETWEEN:-
JAGDISH S/O MALSINGH, AGED ABOUT 21 YEARS,OCCUPATION: LABOR GRAM BADIYA PATELPURA PSMANAWAR DISTRICT DHAR (MADHYA PRADESH)
.....APPLICANT
(SANJAY KUMAR SHARMA, LEARNED COUNSEL FOR THE PETITIONER .
)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION MANAWAR,DHAR DISTRICT DHAR (MADHYA PRADESH)
.....RESPONDENTS
( SAMEER VERMA PL APPEARING ON BEHALF OF ADVOCATEGENERAL.
)
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
1. This is first bail application filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail. The applicantis arrested in relation to Crime No.1244/2023, registered at Police Station-Manawar, District-Dhar, for the offence under Section 306 of IPC, 1860. Theapplicant is in custody since 14.11.2023.
2. Allegation against the applicant is of abetment due to which the deceased has committed suicide.
3 . Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. Investigation isover and chargesheet has been filed. It is a case of love affair. In the wholesuicide note, the deceased has narrated about the love affair with the applicantand accepted her wrongs to be involved in such type of love affair and notobeying the parents. It is submitted by the counsel that only on the aforesaidbasis, the ingredient of abetment is not made out. The applicant is also readyto face the trial. He is in custody since 14.11.2023 and conclusion of trial willtake sufficient long time. Under these circumstances, counsel prays for grant ofbail to the applicant.
4. Learned counsel for the State has also opposed the prayer and prayedfor its rejection.
5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case, I am of the view that it is a case, in which theapplicant may be released on bail. Consequently, without commenting on themerits of the case, first bail application under Section 439 of the Code ofCriminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that the applicantbe released on bail on his/her furnishinga personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court,for his/her regular appearance before the trial Court during trial with a conditionthat he/she shall remain present before the concerned Court on all the datesfixed by it during trial. The applicant shall abide by all the conditionsenumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
VD
(PREM NARAYAN SINGH)JUDGE