DHANATOSH PAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The first bail application has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail who has been in judicial custody since 26/2/2023 in connection with Crime No.498/2022 registered at Police Station- Manpur, District-Umaria (M.P.) for the offence punishable under Sec. 306 of Indian Penal Code. In addition to the grounds mentioned in the application, learned counsel for the applicant submits that as per case of prosecution, deceased committed suicide for the reason that applicant refused to return the amount of Rs.50,000.00 taken for securing a job. No case for abetment of suicide is made out against the applicant. No dying declaration is available on the record. The case is based on statement of near relations of the deceased. The investigation is almost complete, therefore, chance of tampering with investigation is ruled out. Learned counsel further submits that the applicant is aged 20 years and resides at District-Umaria with his family. So, there is no possibility of interfering with the investigation or evidence and further there is no likelihood of his absconding leaving behind the family to suffer. Hence, the applicant may be granted bail.

(2.) Learned counsel for the State opposes the prayer and submits that parents of the deceased have made allegations against the applicant in their statement recorded under Sec. 161 of Cr.P.C.

(3.) Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties, without commenting on the merits of the case, this Court is inclined to grant bail to the applicant in relation to Crime No.498/2022 registered at Police Station-Manpur, District- Umaria (M.P.) for the offence punishable under Sec. 306 of IPC and it is hereby directed that the applicant- Dhanatosh Pal shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court and the applicant shall abide by the terms and conditions as enumerated under Sec. 437(3) of the Cr.P.C . The order shall be effective till the end of the trial, however, in case breach of any of the pre- condition of bail, it shall become ineffectively without reference to this Court. Certified copy as per rules.