Nathibai vs State Of Madhya Pradesh

Anil Verma, J

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 139/2022 registered at Police Station Police Station Narayangarh, District Mandsaur (M.P.) for commission of offence punishable under Section 306, 388 and 34 of the Indian Penal Code, 1860.

As per prosecution story, on 12/04/2022 deceased Jagnarayan committed suicide by hanging himself. During the merg investigation, it has been gathered that on 11/04/2022 co-accused Pradeep took the deceased with him to the house of present applicant and after some time he came out of the house of present applicant by making some excuse. Meanwhile, present applicant started screaming without any reason, hearing which Pradeep came in the house and thereafter, present applicant and co-accused Pradeep started threatening the deceased that if he will not pay Rs.3 Lacs to them, they will institute a false case of commission of rape against him. Under the pressure and fear of the accused persons, the deceased person withdrew an amount of Rs.3 Lacs on 12/04/2022 from his account and gave to the accused persons. Thereafter, accused persons again demand Rs.3 Lacs but the deceased said that he does not have any more money and he will commit suicide if he forced more. But accused persons told him that they are not bothered about his death and they want money at any cost. Thereafter, deceased committed suicide. Accordingly, offence has been registered.

Learned counsel for the applicant submits that the applicant is an innocent person and she has been falsely implicated in this offence. Deceased neither left and suicidal note behind him nor there is any dying declaration. There is no proof to the effect that money is received by the present applicant. Applicant is a 35 years old lady and is in languishing in jail since 23/04/2022.

All material witnesses have been examined before the trial court. Although earlier bail application of applicant was dismissed on merit vide order dated 18.1.2023 but later on complainant Rajdeep Singh (PW-9) has been examined before the trial court and he has turned hostile and did not state anything against the applicant. In view of material changes in the circumstances, counsel for applicant prays that applicant be enlarged on bail.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that earlier bail application of applicant was rejected on merit, complainant did not completely turn hostile and he has supported the prosecution case. Hence applicant does not deserve for bail.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that earlier bail application of applicant was dismissed on merit after considering all facts and circumstances of the case and statements of PW-1 to PW-7, Rajdeep Singh (PW-9) has been examined before the trial court but he also admits that his father /deceased sold out the land and they got sale amount but he is not aware with the facts, Narendra Singh Chouhan (PW-3), Satyendra Singh Chouhan (PW-4) and Dilip Singh Chouhan (PW-5) have also deposed against the present applicant that present applicant along with co-accused person has extorted the deceased and grabbed Rs.3 Lacs. Bank Cashier Kanwar Lal (PW-7) has also proved that prior to the incident deceased withdrew an amount of Rs.3 Lacs from his account. Huge cash amount of Rs.1,05,000/- has also been recovered from the possession of the present applicant of which present applicant has not given any satisfactory explanation.

In view of the above, this Court is not inclined to grant bail to the present applicant.

Accordingly, this repeat bail application preferred under Section 439 of Cr.P.C. is hereby dismissed.