JUDGMENT

Sunita Yadav, J. - The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.

2. The applicant has been arrested on 16.11.2022 by Police Station Khaniadhana, District Shivpuri(M.P.) in connection with Crime No. 642/2022 registered for the offence punishable under Sections 306, 34 of the IPC.

3. As per prosecution story, allegation against the present applicant-accused is that he instigated the deceased to commit suicide on account of which he consumed some poisonous substance and committed suicide.

4. Learned counsel for the applicant-accused argued that the applicant is innocent and has been falsely implicated in the matter. The applicant is under custody since 16.11.2022. The further argument is that the entire prosecution story is highly suspicious and improbable because allegedly the incident occurred on 12.06.2022, however, the FIR has been lodged on 07.11.2022. After a delay of almost five months for which no plausible explanation has been given. The further argument is that the prosecution witness in their merg statements and not made allegations about the instigation of suicide, however, in their statements recorded under 161 of Cr.P.C. After a delay of almost five months, for the first time, they made allegations of instigation of suicide against the applicant. After conclusion of investigation, charge-sheet has already been filed. Therefore, custodial interrogation is not required any more. There is no evidence of instigation. Applicant is permanent resident of Gram Khirkit, District Shivpuri and there is no possibility of his absconsion or tempering with the evidence. On these grounds, he prays for grant of bail to the applicant.

5. P er contra, learned counsel for the State as well as counsel for the complainant vehemently opposed the bail application and prayed for rejection of bail application.

6. Heard learned counsel for the rival parties and perused the case diary available on record.

7. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum o f Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

8. This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

9. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

10. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.