MULCHAND NAMOMAL SETIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard

(2.) Registration of Crime No. 643/2021 with the Police Station Jaripatka, Nagpur, District Nagpur for offence punishable under Ss. 306, 384, 387, 504, 506 read with Sec.34 of the Indian Penal Code led applicant to apply for grant of pre-arrest protection. Bail is claimed on the ground of innocence, false implication, inadequacy of material, etc. It is argued that the main allegations are against co-accused Rajesh who is already arrested. The applicant has no direct or indirect role nor he has concern with the suicidal death of Mukesh. Besides that, it is argued that in order to establish an offence punishable under Sec.306 of the Indian Penal Code, there must be adequate mens rea and case has to be made out constituting ingredients of Sec.107 of the Indian Penal Code.

(3.) The State resisted bail by filing the replyaffidavit. The prosecution case in brief has been narrated. It is contended that the applicant and his brother Rajesh have continuously harassed deceased by various modes. They raised monetary demand and by making various complaints, made his life miserable. It is stated that the deceased has specifically written suicide note blaming both brothers responsible for suicide. The case is of serious nature for which custodial interrogation is necessary.