MEHERBAAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application filed u/s. 438 Cr.P.C. seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime No. 41/2021 registered at PS Suvasara, Mansaur for the offence u/s. 306/34 IPC.

(2.) As per the prosecution case, the marriage of the deceased Raveena took place with Mahendra Singh Rajput three years ago. After one year of marriage, she started living with her husband's house but used to visit village Guda for pursing studies of class-12. In the same village Bharat Singh, Meharban Singh and Surendra Singh used to follow her because of which she was so much perturbed and scared. They somehow obtained a mobile number of Raveena and started messaging and calling her. She told this fact to her parents. Because of so much harassment meted out to her she had fear of slander in society hence she committed suicide on 28.12.2020 in the house of her husband. She was cremated by the in-laws without reporting to police about the unnatural death. The police registered Merge no. 06/2021 on 03.02.2021 and started the investigation about possibilities of harassment and cruelty by the husband and the family members of the deceased. The statements of the parent, brother and sister of the deceased were recorded in which they did not allege anything against the husband and other family members. But they disclosed that she was so much scared by the harassment meted out by Bharat Singh, Meharban Singh and Surendra Singh who used to call her and message her. They also provided their mobile numbers. Thereafter, police have collected the CDR of the deceased and found that there was a number of calls and messages exchanged between them from 26.11.2020 till 06.12.2020. Maximum numbers of calls and messages were sent by accused Surendra hence police has registered offence under Section 306/34 of the Indian Penal Code against Bharat Singh, Meharban Singh and Surendra Singh.

(3.) Learned counsel for the applicant submits there is an unexplained delay in lodging the FIR and it is not confirmed whether she committed suicide or she was murdered or died due to natural death, since the body was cremated without postmortem and without giving information to the police hence the cause of death is still unknown hence, prosecution story is the concocted story. Learned counsels further submit that even if the allegations are believed to be true then ingredients of Section 306 of the Indian Penal Code are missing. The applicants never instigated or abated the deceased for committing suicide. The applicants are youth aged between 20 to 22 years and if they are arrested their future will be spoiled. They are ready to cooperate with the investigation. The police have already recovered the mobile phone of the deceased and recorded the statement of witnesses therefore, there is no question of influencing the witnesses and tampering with the evidence. Under these circumstances, learned counsel prays for grant of bail to the applicants.