The court found no prima facie case for abetment of suicide, allowing bail based on completed investigation and custody duration.

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.363/2023 registered at Police Station Jeeran, Distt. Neemuch (M.P.) under Sections 306, 34 of IPC. The first bail application was dismissed as withdrawn on 9.2.2024 in M.Cr.C. No.5855/2024. As per prosecution story, on dated 18/1 1/2023, police received murg intimation from Civil Hospital, Neemuch about one deceased Pankaj who has committed suicide by hanging at his house. Upon the said information, police registered murg intimation number 76/2023 and investigated the matter. During investigation, police seized one suicide note from the spot and also recorded statements of deceased’s parents, siblings, relatives and other witnesses wherein it came on record that deceased Pankaj has leveled allegations against total 06 accused persons including the present applicant. Police further found out that deceased Pankaj was in love affair with one Rekha and both wanted to marry with each other. However, accused persons including the present applicant and the family members of Rekha were not in favour of this inter-caste relationship and they used to harass the deceased with threats of damaging the reputation of himself and the girl. Due to this continuous mental and physical harassment and torture, deceased committed suicide by hanging at his house leaving behind a suicide note. Thereafter, police registered crime against accused person and arrested the present applicant.

Counsel for applicant submits that the applicant is in jail since 7.12.2023. The investigation is complete, charge sheet has been filed. It is submitted that even if accepting the averments made in the suicide note, no prima facie case for abatement to commit suicide is made out.

Counsel for State opposed the prayer and submits that the deceased had made a complaint and call details and messages are available which establishes that the applicant was threatening the deceased for having love affair with the girl.

After hearing learned counsel for parties and taking into consideration that the applicant is in jail since 7.12.2023, the investigation has been completed, charge sheet has been filed, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.