Antim Mehra vs State Of M.P

This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicant is facing trial for the offence punishable under Section 306, 34 of the IPC registered with Police Station Pandharinath, District Indore in Crime No.88/2020.

Learned counsel for the applicant submits that the applicant is the wife of Sanjiv Mehra, who had committed suicide. He further submits that husband of the applicant had consumed poison on 24.6.2020 whereas as per the suicide note itself the applicant had left the deceased on 16.6.2020. He further submits that the allegation against the present applicant is that her husband had committed suicide as he was having the suspicion that the applicant has illicit relationship with the co-accused Yogesh. He further submits that such a suspicion is not enough to hold that the applicant had abetted her husband to commit suicide. He further submits that since there is not abetment, therefore, offence under Section 306 IPC is not made out and that the judgment in the matte of Siddaling Vs. State, through Kalagi Police Station reported in AIR 2018 SC 3829 is distinguishable because in that case there was the admitted position about illicit relationship by the husband. He further submits that the applicant is in custody since 29.6.2020, the investigation is complete and Challan has been filed.

In reply learned counsel for the State has opposed the application for grant of bail and has placed reliance upon the judgment of the Supreme Court in the matter of Siddaling Vs. State, through Kalagi Police Station reported in AIR 2018 SC 3829.

On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicant-Antim Mehra is directed to be released on bail upon her furnishing a personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for her appearance as and when directed.

The applicant will attend each hearing of the trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in automatic cancellation of the bail granted by this Court.

C.C. as per rules.