Madhya Pradesh High Court
Mukesh Saket vs The State Of Madhya Pradesh on 24 September, 2021
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1 MCRC-43177-2021
The High Court Of Madhya Pradesh
MCRC-43177-2021
(MUKESH SAKET Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-09-2021
Shri Ravendra Shukla, counsel for the applicant.
Shri Sharad Singh Baghel, Panel Lawyer for the respondent/State.
Heard on this first application filed by the applicant/accused under Section 439 of Cr.P.C in connection with Crime No.284/2021 registered at Police Station Govindgarh, District Rewa (M.P.) for the offence punishable under Section 306 of I.P.C.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. No allegation or any report has ever been made or lodged against the applicant regarding harassment. It is further submitted that the ingredients of Section 107 of I.P.C. has not been fulfilled and, therefore, no offence under Section 306 of I.P.C. is made out against the applicant. The deceased has committed suicide because parents of the deceased were against the marriage of the deceased with the applicant. The chargesheet has been filed. The applicant is confined in custody since 02.08.2021 and the trial will take sufficient time to conclude. The applicant is a permanent resident of District Rewa and there is no likelihood of his absconding and tampering with the prosecution case. On these grounds, prayer is made to enlarge the applicant on bail.
P er contra, learned Panel Lawyer opposed the bail application and prayed for its rejection.
Keeping in view the facts and circumstances of the case and on a perusal of the material available on record including the case diary, this Court is of the considered view that the applicant may be enlarged on bail. Hence, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Mukesh Saket be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Signature Not Verified SAN Thousand Only) with one solvent surety in the like amount to the satisfaction Digitally signed by VAIBHAV YEOLEKAR Date: 2021.09.25 12:02:57 IST 2 MCRC-43177-2021 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 also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE vy Signature Not Verified SAN Digitally signed by VAIBHAV YEOLEKAR Date: 2021.09.25 12:02:57 IST