(1.) This is the first bail application under Sec. 438, Cr.P.C. filed on behalf of the applicants seeking anticipatory bail as they apprehends their arrest in connection with Crime No.505/2021 registered at Police Station Manasa, District Neemuch (M.P.) for commission of the offences under Sec. 306/34 of the Indian Penal Code, 1860.
(2.) As per prosecution story, Pradeep has committed suicide on 29/10/2021. His family members have lodged an FIR on 04/12/2021 against the present applicants. Accordingly, they have been made accused in the present case.
(3.) Learned counsel for the applicants submits that applicants have been falsely implicated in this crime. There was a dispute within the family members as the father of the deceased Pradeep and applicant No.1 are real brothers. The applicant No.2 is the wife of the applicant No.1. There was some minor dispute between them in respect of putting sand in a well but this can't be termed as abetment to commit suicide. He further submits that the applicants are not hardened criminals. On the basis of allegations the offence under Sec. 306 of the IPC is not made out against the applicants as held by the Apex Court in case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in 2020 SCC Online SC 964.