Gopal Paridwal vs State Of MP

Vivek Rusia, J

This is second application filed under Section 439 of Cr.P.C. by the applicant â€" Gopal Paridwal, who has been arrested by Police on 14/12/2020

in connection with Crime No. 294/2020, Police Station Tilak Nagar Indore for the offence punishable under Section 306 of the Indian Penal Code.

First application was dismissed as withdrawn on 22/1/2020. Thereafter prosecution has examined wife, son and daughter of the deceased who have

turned hostile and did not support the case of the prosecution.

02- As per prosecution Story, Narsingh Devda borrowed some money from the present applicant and since he could not repay therefore he committed

suicide. He left suicide note in which he has named the present applicant and alleged that he used to threaten him for returning 3½ lac rupees and

due to which he is committing suicide.

03- Learned senior counsel for the applicant submits that the prosecution witnesses specially wife, son and daughter have not supported the case of

the prosecution and they deposed in the court that due to the lockdown the financial condition of the deceased became worst and due to which he

committed suicide. Learned counsel for the petitioner has placed reliance upon the judgment in the case of Arnab Manoranjan Goswami Vs. State of

Maharashtra (2020 SCC Online 964). Hence, the applicant is entitled for grant of bail.

04- Learned Panel Advocate appearing for the respondent / State opposes the prayer.

05- In view of the change circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant on

bail.

06- Accordingly, this application is allowed and the applicant is directed to be released on bail upon her furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court

during the pendency of trial. It is made clear that in case the applicant is found involved in any other criminal activity, then this bail order shall stand

automatically vacated.

07- Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of

COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.01/2020.

Certified copy as per rules.