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2023 Supreme(MP) 732

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Sunita Yadav, J.
Bhawna Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 11002 of 2023
Decided On : 13-03-2023

Advocates Appeared:
Atul Gupta, Advocate, P. Tanwar, Advocate, Mahesh Goyal, Advocate
Final Result : Allowed

The decision to grant bail was based on the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, and emphasized the need for compliance with specified conditions.

Headnote:

Bail - Abetment to Suicide - The court allowed the bail application of the accused, who was charged with instigating the deceased to commit suicide, based on the overall facts and circumstances of the case, without expressing any opinion on the merits of the case.

Fact of the Case:

The applicant filed a bail application under Section 439, Cr.P.C. for the offence punishable under Section 306/34 of IPC, alleging false implication.

Finding of the Court:

The court allowed the bail application based on the overall facts and circumstances of the case, without expressing any opinion on the merits of the case.

Issues: The gravity of the offence and the likelihood of the applicant's absconsion were raised as opposing points by the State and the complainant.

Ratio Decidendi: The court considered the lack of criminal history, permanent residency, and the unlikelihood of absconsion as grounds for granting bail, while emphasizing the need for compliance with specified conditions.

Final Decision: The court directed the release of the applicant on bail upon furnishing a personal bond and sureties, subject to compliance with specified conditions.

JUDGMENT

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

2. The applicant has been arrested by Police Station Radhogarh, District Guna in connection with Crime No. 402 of 2022 registered for the offence punishable under Section 360/34 of IPC.

3. The allegation against the present applicant-accused is that he instigated deceased-Trilok Sahu to commit suicide due to which he committed suicide by

4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. She is a widow having two children and one of her child is living with her in jail. There is no ingredients of abetment in the present case. The applicant is in custody since 27/02/2023 and is having no criminal history. The applicant is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

5. Per contra, application is opposed by learned counsel for the State as well as Counsel for the complainant by submitting that in view of the gravity of the offence, the applicant should not be released on bail.

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

7. Considering the overall facts and circumstances of the case, but 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 of Rs. 50,000/- (Rupees Fifty Thousand only) with two local 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/her;

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

    3) The applicant will not indulge himself/herself 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 shall 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;

    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.

    11. Certified copy as per rules.

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