SATISH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to Crime No. 83 of 2024 registered at Police Station Girwai, District Gwalior (M.P.) for the offence under Ss. 306, 34 of IPC.

(2.) Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that during forty hours from when the deceased consumed poison and her death, she had not stated to her husband, son or daughter-in-law that why she had consumed poisonous substance. It is further argued that deceased never lodged any report or filed complaint in respect to alleged threat by applicant/accused and after a gap of seven months, suicide note was produced by the son of the deceased. It is further submitted that even the entire prosecution story is believed to be true, ingredients of Sec. 107 of IPC do not attract in this case as mere threatening does not come within the purview of instigation to commit suicide. Further argument is that applicant is in custody since 26/4/2024. He is permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

(3.) On the other hand, learned State counsel opposed the bail application and prayed for its rejection.