The court considered the lack of clarity in the allegations and contradictory statements by the deceased, leading to doubts about the applicant's involvement, and the prolonged trial duration as grounds for granting bail.

JUDGMENT

Nandita Dubey, J. - Advocate for the applicant is abstaining from the Court work today.

2. This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

3. The applicant is in custody since 13.2.2023 in connection with Crime No.116/2022 registered at Police Station Kolar Road, District Bhopal for the offence punishable under Section 306 of IPC.

4. As per prosecution, deceased Bhupendra Tiwari committed suicide leaving a suicide note behind wherein he has stated that present applicant has taken an amount of Rs.18 lakhs and some gold jewellary and has been blackmailing him since long. He has further stated that present applicant is also asking for Rs.50 lakhs of further amount, hence he is committing suicide.

5. The statements of wife of the deceased and other persons have been recorded, however there is no clarification as to how the blackmailing was done.

6. Smt. Harsha Pandey, wife of present applicant, who has appeared on behalf of the applicant, has referred to Annexure A-2, which shows that the challan of Rs.10,000/- was issued against the deceased for drunk driving. She admitted that the deceased has taken the scooty of the present applicant and when he was booked for drunk driving, he was asking the present applicant for paying the fine and for returning the scooty of the present applicant which he refused.

7. As per the case diary, earlier an undated and unsigned complaint was lodged by the deceased stating that nearly seven months back he has sold his land for 17 lakhs and given the said amount as loan to the present applicant, however he is not returning the loan and threatening him that he would get a case registered against the deceased through his wife.

8. From the allegations made in the suicide note and the statements, it is not clear as to how the present applicant has instigated or abetted deceased Bhupendra Tiwari, as the ingredients of Section 107 of IPC are not made out to bring the case of the applicants within the purview of Section 306 of IPC.

9. Looking to the case diary documents and the suicide note, it seems that the deceased has made contrary statements in his complaint and the suicide note, which is though the subject matter of the trial Court. It is pointed out that the challan has already been filed and the trial is going to take a long time to decide. Under the circumstances, this application is allowed.

10. It is directed that applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties in the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

11. It is further directed that the applicant would cooperate in the trial and would remain present in the Court on every date whenever the matter is listed. If the applicant misses out even a single date whenever he is called, this bail order will stand cancelled automatically.

12. Certified copy as per rules.