Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 22 October, 2018
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M.Cr.C. No.40818/2018 Raju Vs. State of M.P.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40818/2018
Indore, dated :22/10/2018
Shri Mitesh Jain, learned counsel for the
applicant.
Shri Ramakant Sharma, learned Govt. Advocate
for the respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 312/2018, Police-Station-Civil LIne, District-Dewas for commission of the offence under Section 306 of the IPC.
As per prosecution story, on 04/02/2017, at about 9:20 p.m. one Dashrath Singh S/o Hari Singh committed suicide by consuming some poisonous substance. During investigation police seized one suicide notice, alleged to have been written by the deceased, in which it is alleged that the applicant has taken Rs.7,000/- from the deceased and did not return the same, due to which he committed suicide.
Learned counsel for the applicant submits that the alleged suicide note seized by the police is unsigned document. If the aforesaid suicide note is accepted in Toto, inspite of that there is nothing to indicate that at any point of time the applicant instigated or provoked the deceased to commit suicide, therefore, ingredients of Section 107 of the IPC are completely missing. The applicant is in custody since 05/08/2018. Investigation is over and charge-sheet has been filed. Conclusion of the 2 M.Cr.C. No.40818/2018 Raju Vs. State of M.P. trial will take sufficient long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
Digitally signed by Santosh Kumar Tiwari
Date: 2018.10.22 17:57:57 +05'30'
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M.Cr.C. No.40818/2018 Raju Vs. State of M.P.