DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the the first application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant for grant of bail. He has been arrested on 4/12/2025 in connection with Crime No.287 of 2025 registered at Police Station Piprai, District Ashoknagar for offences punishable under Ss. 108, 3(5) of BNS.

(2.) The prosecution case, in brief, is that during the course of investigation, the family members of the deceased stated that Aarti, the wife of the deceased Satish, and Dinesh Ahirwar, a resident of the same village, used to frequently talk to each other over mobile phones. The deceased Satish had repeatedly advised his wife not to talk to Dinesh over the phone; however, Aarti and Dinesh did not refrain from continuing their conversations. Due to this conduct, Satish Rajak was under severe mental stress and remained mentally disturbed. As a result of this mental harassment, the deceased Satish consumed poison (sulphas). On the basis of the said complaint, Police Chowki Piprai registered Crime No. 287/2025 for the offence punishable under Sec. 108 read with Sec. 3(5) of the Bharatiya Nyaya Sanhita, and the matter was taken up for investigation.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and there is no direct or proximate act attributable to him which could constitute the offence alleged. It is contended that merely having telephonic conversations with the wife of the deceased does not amount to abetment of suicide, as there is no material on record to show any instigation, intentional aid, or conspiracy on the part of the applicant. It is further submitted that the prosecution case is based solely on presumptions and allegations made by the relatives of the deceased, and there is no suicide note or any other cogent evidence connecting the applicant with the alleged act of suicide. The applicant was not present at the spot at the relevant time, nor is there any allegation that he compelled or coerced the deceased to consume poison. It is further submitted that the applicant has been in judicial custody since 4/12/2025. Conclusion of the trial is likely to take a considerable time. Learned counsel further submits that the applicant has no criminal antecedents, is a permanent resident of District Ashoknagar, and there is no likelihood of his absconding or tampering with prosecution witnesses. He undertakes to cooperate with the investigation and to abide by any conditions imposed by this Court. In these circumstances, it is prayed that the applicant be enlarged on bail.