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2022 Supreme(MP) 1430

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Devkaran Chouhan S/o Bhana Singh Chouhan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.2415 of 2022
Decided On : 17-01-2022

Advocates Appeared:
Kaushal Singh Sisodiya, Advocate, Mamta Shandilya, Advocate
Final Result : Allowed

The court's decision was based on the consideration of the allegations, the applicant's custody, and the expected duration of the trial, leading to the grant of bail with specific conditions and a warning of cancellation in case of bail jump or engagement in criminal activities.

Headnote:

Bail - Abetment of Suicide - The court allowed the applicant's bail application under Section 439 of the Criminal Procedure Code, 1973, considering the allegations of abetment of suicide and harassment against the applicant. The court directed the release on bail with specific conditions and warned of cancellation if the applicant engages in criminal activities.

Fact of the Case:

The applicant was implicated in connection with a case of abetment of suicide and harassment of the deceased daughter-in-law. The applicant had been in custody since the date of the incident.

Finding of the Court:

The court found merit in the applicant's counsel's submissions and granted bail without delving into the merits of the case. The court directed the release on bail with specific conditions and warned of cancellation if the applicant engages in criminal activities.

Issues: The main allegation was against the husband of the deceased, but omnibus allegations were also leveled against the applicant and other family members. The applicant had been in custody since the filing of the charge sheet, and the trial was expected to take a long time.

Ratio Decidendi: The court considered the contentions raised by the applicant's counsel and the facts and circumstances of the case in granting bail. The court imposed specific conditions and warned of cancellation if the applicant engages in criminal activities.

Final Decision: The court allowed the applicant's bail application and directed the release on bail with specific conditions, effective till the end of the trial, with a warning of cancellation in case of bail jump or engagement in criminal activities.

JUDGMENT

Subodh abhyankar, J. - This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.1425/2021 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Sections 306 and 506 of the Indian Penal Code, 1860.

The applicant is in custody since 30.10.2021.

The allegation against the applicant is of abetment of suicide which was committed by the daughter-in-law of the applicant (Puja w/o Rahul Chouhan), who committed suicide by consuming poisonous substance on 20.10.2021.

It is alleged that the applicant in the state of intoxication used to harass the deceased and asked her to give him hot meal.

Counsel for the applicant has submitted that the main allegation is against the husband of the deceased and only omnibus allegations have been levelled against the applicant and other family members.

It is submitted that the marriage of the deceased with the son of the applicant took place around eight years ago in the year 2013 and there is no reason for the applicant to harass the deceased.

It is further submitted that the charge sheet has already been filed; the applicant is lodged in jail since 30.10.2021; and the final conclusion of the trial is likely to take sufficiently long time.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the learned counsel for the applicant; and on the aforementioned facts and circumstances of this case, this Court is of the considered opinion that the applicant deserves to be released on bail.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

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