NATHIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 139/2022 registered at Police Station Police Station Narayangarh, District Mandsaur (M.P.) for commission of offence punishable under Sec. 306, 388 and 34 of the Indian Penal Code, 1860.

(2.) As per prosecution story, on 12/04/2022 deceased Jagnarayan committed suicide by hanging himself. During the merg investigation, it has been gathered that on 11/04/2022 co-accused Pradeep took the deceased with him to the house of present applicant and after some time he came out of the house of present applicant by making some excuse. Meanwhile, present applicant started screaming without any reason, hearing which Pradeep came in the house and thereafter, present applicant and co-accused Pradeep started threatening the deceased that if he will not pay Rs.3.00 Lacs to them, they will institute a false case of commission of rape against him. Under the pressure and fear of the accused persons, the deceased person withdrew an amount of Rs.3.00 Lacs on 12/04/2022 from his account and gave to the accused persons. Thereafter, accused persons again demand Rs.3.00 Lacs but the deceased said that he does not have any more money and he will commit suicide if he forced more. But accused persons told him that they are not bothered about his death and they want money at any cost. Thereafter, deceased committed suicide. Accordingly, offence has been registered.

(3.) Learned counsel for the applicant submits that the applicant is an innocent person and she has been falsely implicated in this offence. Deceased neither left and suicidal note behind him nor there is any dying declaration. There is no proof to the effect that money is received by the present applicant. Applicant is a 35 years old lady and is in languishing in jail since 23/04/2022.