DEEPAK SHRIVAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

(2.) The applicant was arrested on 3/12/2021 in connection with Crime No.636/2021 by Police Station Maharajpura, District Gwalior (MP) for the offence punishable under Ss. 306/34 of IPC.

(3.) As per prosecution story, on 1/5/2021 at 9:45 pm brother of the deceased Ravindra Singh gave an information at Police Station Maharajpura, District Gwalior stating that his brother Satendra Singh aged 22 years was admitted in Military Hospital, Morar, as he was ill. On his information, Merg No.35/2021 was registered and Merg was enquired. Postmortem was conducted and as per postmortem report, he died due to consumption of aluminum phosphide poisoning and sudden cardiac arrest. On 12/5/2021 brother of the deceased Ravindra Singh stated that the applicant took loan from his brother which he was not returning, due to which he committed suicide. This fact has been narrated in the said suicide note. Thereafter on 19/9/2021, 1/10/2021 and 10/10/2021, this fact was also stated by Krishna and Keerat Singh Tomar. On 2/5/2021 from the place of incident one register containing suicide note was seized. After five months of the incident, on 3/10/2021 offence under Sec. 306/34 of IPC was registered against the present applicant and one another accused Pawan Bhadouria. The applicant was arrested on 3/12/2021. His memorandum was recorded but there is no recovery at the behest of the applicant. There is no signature in the copy of suicide note.