ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 20.8.2022 in connection with Crime No. 595/2022 registered at P.S. - Bank Note Press Dewas District Dewas (M.P.) for commission of offence punishable under Section 306/34 of IPC.

As per prosecution story, deceased Jankilal was missing on 31.7.2022 and his phone was also switched off. On 1/8/2022 police received information and recovered dead body of the deceased from agriculture field near mandi Bridge at Vijayganj Mandi, Police registered merg and recorded the statements of deceased family members. In their statements, witnesses have stated that deceased son Vikas got married with Aarti daughter of applicant Jyotisnath.

Accused taken money of Rs. 70 thousand from Radheshyam Pater and deceased Jankinath has given surety. After lapse of six months accused Jyotisnath did not return the money. On 27.7.2022 Aarti lodged an FIR against the deceased at police station Sanver for outraging her modesty. Accused Jyotisnath has threatened the deceased to infamous due to which deceased Jankilal committed suicide. According offence has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 20.8.2022. Co-accused Aarti and Devkaran have been enlarged on bail by this court vide order dated 12.12.2022 passed in M.Cr.C. Nos. 56037/2022 and 49065/2022 and other two co-accused persons Ghanshyam and Sunita have been enlarged on bail by the trial court. Prior to this FIR, co-accused Arti lodged an FIR against the deceased at police station Sanver. The deceased did not make any complaint before committing suicide, demand of money cannot be treated as abatement of suicide. The applicant is a permanent resident of District Dewas. Final conclusion of trial will take considerable long time.

Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that allegedly money was taken by present applicant and co-accused Arti has lodged FIR against deceased to outrage her modesty, investigation is over and charge sheet has been filed, therefore, no further custodial interrogation of applicant is required, deceased did not leave any suicidal note, co-accused persons, Radheshyam, Arti, Devkaran have been enlarged on bail, and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ