JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in jail since 15/11/2022 in connection with Crime No.396/2022 registered at P.S. - Pipalrawa, District Dewas (M.P.) for commission of offence punishable under Sec. 306, 34 of IPC.

(2.) As per the prosecution story, present applicant and his family members gave Rs.50,000.00 to the deceased and deceased has returned the same amount with interest, but the applicant and other co-accused persons were demanding more- money with interest and they were regularly threatening the deceased for returning their amount with interest. Therefore, being harassed by the applicant and other co-accused persons, deceased committed suicide on 20/10/2022 by consuming some poisonous substance. Accordingly offence has been registered against the present applicant and other co-accused persons.

(3.) Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 15/11/2022. He never harassed or abetted the deceased to commit suicide, therefore, no offence under Sec. 306 of IPC is made out against him. Deceased has not left any suicide note. Applicant is a permanent resident of District Dewas and sole bread earner of his family. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.