ORDER

01. This is the first application under Section 439 of Criminal Procedure Code, 1973. The applicants are implicated in connection with Crime No.610/2022 registered at Police Station- Thandla , District- Jhabua (MP) for offence punishable under Sections 306, 498-A, 34 of the IPC. The applicants are in custody since 30.09. 2022.

02. As per the prosecution, deceased Radha was married to Anil Katara about one and half years ago and was residing with him in the house which was having 2-3 portions. In one of the portions the applicants, who are brother of Anil and his wife were residing along with mother of Anil. About three months ago applicant No.1 had partitioned the land of the family but had not given the house to Anil and denied to do the same despite request. On demand being made the applicants used to fight with Anil saying that he is demanding property at the instigation of his wife, the deceased. About 6-7 days prior to the death of deceased the applicants again fought with her with respect to the dispute as regard the house. As a result of harrasment having been meted out to her by applicants, the deceased consumed a poisonous substance on 28.08.2022 and eventually succumbed to her injuries. On recording of statements of witnesses, the applicants have been implicated and arrested for the present offence.

03. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the case. They never instigated or abetted the deceased in any manner to commit suicide. It cannot be said that in view of their acts the deceased was left with no other option but to commit suicide. The dispute between them and the deceased and her husband was as regards a house and the applicants did not commit any cruelty upon the deceased. The allegation is only that they used to fight with her from time to time on account of the property dispute. It is hence submitted that in view of the allegation levelled against the applicants, they deserve to be enlarged on bail.

04. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicants, they are not entitled to be released on bail.

05. I have heard learned counsel for the parties and have perused the case diary.

06. The dispute between the applicants and deceased appears to have been with respect to the house in which they were residing. The applicants are alleged to have fought with the deceased on account of the same. However there is no allegation of them ever demanding any amount from her or physically assaulting or harrassing her. There is also no allegation of the applicants instigating or abetting the deceased to commit suicide and it cannot be said that due to the acts of the applicants, the deceased was left with no other option but to commit suicide. Thus in my opinion, in view of the allegations levelled against the applicants, they deserve to be released on bail, hence, the application is allowed.

07. It is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply with the provisions of Section 437(3) Cr.P.C.

08. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-conditions of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.

(PRANAY VERMA)

JUDGE jyoti