IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH th ON THE 5 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 39666 of 2023 BETWEEN:-

AJAY KHANDELWAL S/O SHRI BHAGWAN SAHAY KHANDELWAL, AGED ABOUT 49 YEARS, OCCUPATION: PRIVATE SERVENT MAKAN NO,A-3, GARGAJ COLONY, BAHODAPUR, (MADHYA PRADESH)

.....APPLICANT (BY MR. AMEEN KHAN - ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION PS GIRWAI (MADHYA PRADESH)

.....RESPONDENT (BY MR. DINESH SAVITA - PUBLIC PROSECUTOR)

This application coming on for hearing this day, the court passed the following:

ORDER

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 25.08.2023 in connection with Crime No.164/2023 registered at Police Station Girwai, District Gwalior (M.P.)

for commission of offence punishable under Section 306 of IPC.

Prosecution case, in brief, is that on 13.06.2023 a dead-body of unknown woman was found at railway track, for which Merg bearing No.32/2023 under Section 174 of Cr.P.C. was registered. During merg enquiry, aforesaid dead-

Signature Not Verified Signed by: BARKHA body was identified by the complainant, as he lodged missing person report bearing No.30/2023 registered at Police Station Girwai, District Gwalior. During investigation, it was revealed that the deceased was having relations with co- accused Deepak Kushwah, who on the false pretext of marriage made sexual relationship with her, due to which, deceased became pregnant. When the applicant came to know about the pregnancy of the deceased, he got aborted the unborn child. Thereafter, the deceased approached the applicant to perform witchcraft on the co-accused Deepak Kushwah so as to make him act as per her wishes and to remain in her control. When Deepak Kushwah soleminzed marriage with some other girl, the applicant took the deceased on scooty towards railway track and provoked her to commit suicide as a result of which, she committed suicide.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter. He further submits that as per prosecution case itself, the deceased in her suicide note has made specific allegations against the co-accused Deepak Kushwah. She nowhere mentioned the name of the applicant. There is nothing on record which suggests that the applicant abated the deceased to commit suicide. The applicant is in custody since 25.08.2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application and submits that the applicant was last seen with the deceased. He took the deceased towards the place of incident and provoked her to commit suicide, as a result of which, she committed suicide. Therefore, he be not released on bail.

Signature Not Verified Signed by: BARKHA Having considered the rival submissions, material pointed out by learned counsel for the applicant, nature of allegations, suicide note said to be written by the deceased, so also other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per rules.

(SATYENDRA KUMAR SINGH