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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Jitendra – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59225 of 2022
Decided On : 15-12-2022
Bail Application - Offence under Section 306, 34 of IPC - The court allowed the bail application considering the nature and gravity of the allegation, the fact that the applicant is in custody since a specific date, and the almost completion of the investigation in respect of the applicant.
Fact of the Case:
The applicant is in jail in connection with an offence under Section 306, 34 of IPC. The prosecution alleges that the applicant and his family members harassed the deceased for returning money with interest, leading to the deceased's suicide.
Finding of the Court:
The court allowed the bail application, noting that the applicant is a permanent resident of District Dewas, the final conclusion of the trial will take a considerable long time, and that the investigation is almost over in respect of the applicant.
Issues: The main issue was whether the applicant should be granted bail despite the serious nature of the offence and the allegations against him.
Ratio Decidendi: The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 15.11.2022 in connection with Crime No.396/2022 registered at P.S. - Pipalrawa, District Dewas (M.P.) for commission of offence punishable under Section 306, 34 of IPC.
2. As per the prosecution story, present applicant and his family members gave Rs.50,000/- to the deceased and deceased has returned the same amount with interest, but the applicant and other co-accused persons were demanding more- money with interest and they were regularly threatening the deceased for returning their amount with interest. Therefore, being harassed by the applicant and other co-accused persons, deceased committed suicide on 20.10.2022 by consuming some poisonous substance. Accordingly offence has been registered against the present applicant and other co-accused persons.
3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 15.11.2022. He never harassed or abetted the deceased to commit suicide, therefore, no offence under Section 306 of IPC is made out against him. Deceased has not left any suicide note. Applicant is a permanent resident of District Dewas and sole bread earner of his family. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
4. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicant.
5. Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 15.11.2022, investigation is almost over in respect of the present applicant, applicant is a permanent resident of District Dewas and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.
The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
The main legal point established in the judgment is the consideration of lack of evidence, change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition....
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
The absence of abetment alleged against the applicant and the prolonged trial period were key factors influencing the court's decision to grant temporary bail.
The main legal point established in the judgment is that bail may be granted during trial when there is a lack of material indicating the commission of the alleged offence and when specific allegatio....
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is that the decision to grant bail was based on the lack of evidence connecting the accused to the alleged offence, non-identification by the victim d....
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