NANDKISHOR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first criminal appeal filed by the appellant under Sec. 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act assailing the order dtd. 8/4/2024 passed by Special Judge, POCSO Act, Morena (M.P.) in Bail Application No.182 of 2024, whereby regular bail application of the appellant relating to FIR No. 36 of 2024 registered at Police Station Kotwali, District Morena (M.P.) for the offence under Ss. 306, 34 of IPC and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act has been rejected.

(2.) Learned counsel for the appellant argued that the appellant is innocent and has falsely been implicated in this case. It is further argued that at the time of incident, appellant was at Bharuch Gujarat which is evidence from the Railway Ticket vide Annexure A/3 and the statement of witness, therefore, he has no opportunity to instigate the deceased to commit suicide. Further submission is that appellant/accused got married with deceased and was willing to live with her which is evident from the fact that he filed an application under Sec. 9 of Hindu Muarriage Act. Further submission is that even if entire prosecution case is believed to be true, ingredients of Sec. 107 of IPC do not attract in this Case as there is no evidence against the appellant/accused to instigate the deceased to commit suicide. The appellant is in custody since 11/3/2024. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The appellant is permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the appellant.

(3.) On the other hand, learned State counsel has opposed the appeal and prayed for its dismissal.