PAPPU GOLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.

(2.) The applicant is facing trial in connection with Crime No.351/2021, registered at Police Station-Palsood, District-Barwani, concerning offence under Ss. 306/34 of IPC, 1860. The applicant is in jail since 31/10/2021. A s per prosecution story on 24/10/2021 deceased Kiran committed suicide by hanging herself.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. The applicant and the deceased were married for twelve years and in that period no complaint was made by the deceased to anyone stating that she is being harassed by the accused persons. It is further submitted that there is no iota of material to indicate that at any point of time the applicant abetted the deceased to commit suicide. No offence under Sec. 306 of IPC is made out since necessary ingredients of Sec. 107 of IPC are not fulfilled. Only omnibus and general allegations have been levelled against the applicant. Co-accused Madan and Leelubai have already been enlarged on bail vide orders dtd. 22/12/2021 passed in M.Cr.C. Nos.61883/2021 and 61884/2021. The applicant is in custody since 31/10/2021, investigation is over, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.