Madhya Pradesh High Court
Narendra vs The State Of Madhya Pradesh on 10 April, 2015
(Narendra Vs. State of M.P.) 1 M.Cr.C. No. 1636/15
10/04/2015
Shri Mehmood Khan, Advocate for the applicant.
Ms. Sudha Shrivastava, P.L. for the respondent/State.
This is the first application under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicant is arrested under Crime No. 60/15 registered at police station Ambah, Distt. Morena, for offence under Section 306 IPC.
It is alleged that on 27.06.14 the applicant outraged the modesty of prosecutrix aged about 15 years. Because of annoyance and remorse, the prosecutrix committed suicide. It is alleged that because of the applicant's intruding into the house of prosecutrix in the night and committing the crime, she committed suicide.
On behalf of the applicant it is submitted that the applicant is innocent. The applicant has no criminal antecedents. The applicant has not abated the commission of suicide, therefore, the applicant be given the benefit of bail.
Learned panel lawyer for the State opposed the application. It is claimed that because of the applicant, the prosecutrix committed suicide.
In "Madiya alias Mahadev Vs. the State of M.P., 2006 Cri. L.J. 1963", "wherein accused alleged to have tried to outrage modesty of deceased and thereafter she committed suicide by hanging with the help of rope because she felt very ashamed after two days of incident, this Court held that period of two days which elapsed between two incidents showing that act of accused did not amount to instigate her to (Narendra Vs. State of M.P.) 2 M.Cr.C. No. 1636/15 commit suicide. It was held that accused cannot be held guilty of offence under Section 306 of IPC."
At the outset it is to be noted that the applicant's intention to instigate or abate the suicide of the prosecutrix seems to be lacking. It is made clear that this observation is made only for the adjudication of this application.
Keeping in view the facts and circumstances prevailed in the case, this application under Section 438 Cr.P.C. filed on behalf of applicant Narendra is allowed.
It is directed that applicant shall make himself present before the Arresting Officer within 07 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer .
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Vs. State of Maharashtra and other JT2010(13)SC247, this order shall remain in force till the end of trial. However, the applicant has to furnish a fresh bail bond and surety before the Trial Court after filing of the challan.
Certified copy as per rules.
(S.K. Palo) Judge VS