BHOLU MANDELIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed the first bail application under Sec. 483 of BNSS, 2023 seeking grant of regular bail in connection with Crime No.244/2025 registered at Police Station Sirol, District Gwalior (M.P.) for the commission of offence under Ss. 108, 3(5) of BNS.

(2.) The allegation against the present applicant is that due to harassment caused by him, the deceased committed suicide.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no specific or overt act has been attributed to him which may constitute the alleged offence. It is further submitted that for an offence under Sec. 108 of BNS, it is essential that there exists a clear intention or knowledge on the part of the accused that his action would drive the deceased to commit suicide. In the present matter, the applicant had no such intention, and there is no evidence to show that he acted in a manner that could have contributed to the alleged act of suicide. The applicant is permanent resident of District Gwalior and there is no likelihood of her absconsion or tampering with the prosecution evidence. The applicant is in jail since 10/12/2025. Learned counsel for the applicant contended that the case of the present applicant is akin to the case of co-accused, namely, Mukul Kumar, who has been granted anticipatory bail by this Court vide order dtd. 4/12/2025 passed in M.Cr.C. No. 55928 of 2025, therefore, claiming parity, it is prayed that the present application be allowed and benefit of bail be also granted to the applicant.