ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.925/2023, dated 23.11.2023 registered at Police Station- Itarsi District-Narmadapuram (Hoshangabad) (M.P.) for commission of offence under Sections 306/34 of IPC. Applicant is in detention since 24.11.2023. 2 . As per the prosecution story, on 14.10.2023, Sanjeev Choudhary committed suicide as money which he had lended to the applicant and others was not being paid back to him despite demand which compelled him to commit suicide. F.I.R was registered. 3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No offence under section 306 of IPC is made out. He never instigated or abetted the deceased. to commit suicide. It is submitted that even if for the sake of argument it is assumed that applicant had refused to return the borrowed money that cannot be taken as instigation or abetment to commit suicide. Therefore, it is prayed that applicant may be released on bail.

4. On the other hand, learned counsel for the State has opposed grant o f bail and has submitted that in suicide note deceased has mentioned that applicant and others were not returning the money which he had lended to them and they were in habit of insulting him and his family members due to which deceased committed suicide.

5 . In this case, after investigation. charge sheet has already been filed. Having taken into consideration the above submissions putforth by learned counsel for the parties and material on record, but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 6 . It is directed that applicant - Vijay @ Billu Verma be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL