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Madhya Pradesh High Court

Bhuribai W/O Late Balram vs The State Of Madhya Pradesh on 27 June, 2022

Author: Anil Verma

Bench: Anil Verma

                                                                     1


                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                   BEFORE
                                                       HON'BLE SHRI JUSTICE ANIL VERMA
                                                            ON THE 27th OF JUNE, 2022

                                                 MISC. CRIMINAL CASE No. 30790 of 2022

                                           Between:-
                                           BHURIBAI W/O LATE BALRAM D/O NATHUJI
                                           BANJARA , AGED ABOUT 29 YEARS,
                                           OCCUPATION: LABOUR
                                           R/O: LALU KA DERA, BANJARI, POLICE
                                           STATION  TEHSIL GAROTH,     DISTRICT
                                           MANDSAUR (MADHYA PRADESH)

                                                                                                 .....APPLICANT
                                           (BY SHRI NILESH DAVE ADV.)

                                           AND

                                           THE STATE OF MADHYA PRADESH STATION
                                           HOUSE OFFICER THROUGH POLICE STATION
                                           GAROTH, DISTRICT MANDSAUR (MADHYA
                                           PRADESH)

                                                                                            .....NON APPLICANT
                                           (BY SHRI PRANAY JOSHI, PL)




                                         This application coming on for orders this day, th e court passed the
                                   following:


                                                                      ORDER

Applicant has filed this first bail application under Section 439 of the Signature Not Verified SAN Code of Criminal Procedure, 1973. She is in jail since 3.6.2022 in connection Digitally signed by TRILOK SINGH SAVNER with Crime No.236/22 registered at P.S. - Garoth, District Mandsaur (M.P.) for Date: 2022.06.27 19:10:59 IST 2 commission of offence punishable under Section 306 of IPC.

As per the prosecution story, date of incident is 26.5.2022 and concerning police has received the merg intimation by one Bhupendra @ Bhapo and the concerning police has registered the merg under section 174 of Cr.P.C. at Merg No.41/22, as per which deceased Ramesh committed suicide by hanging. The police recorded the statement of witnesses and seized one suicide note and the allegation against the applicant is that she illegally demanded the money from the deceased. Accordingly the applicant has been arrested and a case has been registered against her.

Learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this matter. She is in custody since 3.6.2022. She is a 29 years old lady and a labourer. Allegation against the applicant is that deceased had given her Rs.8 Lakh and some ornaments but even the applicant again demanded Rs.3 Lakh and due to this reason deceased committed suicide, but she never abetted the deceased to commit suicide. No ingredients of Section 107 and 306 of IPC are available to establish the abetment. Applicant is a permanent resident of District Mandsaur. Hence, he prays that applicant be released on bail. In support of his contention, counsel for the applicant has also placed reliance upon the judgment of the Apex Court in the case of Shabir Hussain Vs. State of M.P. and others vide order dated 26.7.2021 passed in SLP (Cri.) No.7284/2017, in which it has been held that:-

"Mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to an offence under Section 306 IPC [Amalendu Pal Signature Not Verified SAN v. State of West Bengal (2010) 1 SCC 707]."

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that deceased has left a suicide note behind him in which deceased has categorically stated that applicant Bhuribai is responsible for his suicide. There are some statements of relatives of the deceased, who have also deposed against the present applicant, hence she does not deserve for bail.

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 before the death of the deceased present applicant remained in the company of the deceased as his wife as per their mutual understanding, every demand of money or ornaments cannot be equated with abetment of suicide, investigation is almost over therefore no further custodial interrogation of the applicant is required and that 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 her furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, as and when required. She shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine her in order to rule out the possibility of Covid-

19 infections and shall comply with the directions issued by the Hon’ble Digitally signed by TRILOK SINGH Apex Court in W.P.No. 01/2020.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok Signature Not Verified SAN Digitally signed by TRILOK SINGH SAVNER Date: 2022.06.27 19:10:59 IST