Rajendra Kumar vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 05.07.2021 in connection with Crime No. 430/2021 registered at Police Station- Damoh Dehat, District-Damoh

(M.P.) for the offence punishable under Section 306 of IPC.

As per the prosecution story, on 18.05.2021, deceased/Lallu Sen committed suicide by hanging. Marg was registered. It is found that there was a

property dispute between the deceased and petitioner/accused. Petitioner/accused wants to dispossess the deceased from his field and also

pressurized the deceased to file compromise petition. Petitioner/accused continuously threatened to the deceased. Therefore, deceased committed

suicide.

Learned counsel for the petitioner submits that petitioner is an innocent person and has falsely been implicated in this case. There is no material

available on the record on which it can be said that petitioner/accused abetted the deceased to commit suicide. Actually, petitioner/accused had

entered into agreement for purchasing of agricultural land bearing khasra No. 299/2, rakba 0.80 hectare from the deceased for consideration of

Rs.4,80,000/-, he paid Rs. 3,50,000/- to the deceased/Lallu Sen. Thereafter, deceased refused to execute the sale-deed in favour of petitioner/accused,

then petitioner/accused filed a Civil Suit No. 41-A/20. Learned trial Court passed an order of injunction in favour of petitioner/accused. So, there is a

property dispute pending between both the parties in regard of said land. Deceased did not leave any suicidal note. It is evident from the record that at

the time of incident, deceased was sick for sometimes. Due to this, he was in depression, so it may be a cause of suicide but petitioner/accused has no

role in this incident. Petitioner/accused is aged about 65 years old person. He is in custody since 05.07.2021. Investigation is completed, no further

custodial interrogation is required in this case. Petitioner/accused has no previous criminal antecedent. It is time of COVID-19 pandemic, therefore,

trial will take time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness. On these grounds,

learned counsel for the petitioner prays for allowing this bail application.

Per-contra, learned Panel Lawyer for the respondent/State opposes the bail application.

Considering the contention of both the parties and this fact that there is property dispute between both the parties, Civil Suit is also pending in this

regard, deceased did not leave any suicidal note, it is also evident from the record that at the time of incident, deceased was sick for sometimes,

petitioner/accused is in custody since 05.07.2021, investigation is complete, no further custodial interrogation is required in this case, petitioner/accused

has no previous criminal antecedent, petitioner/accused is aged about 65 years old person, it is time of COVID-19 pandemic, therefore, trial will take

time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness.

In view of the aforesaid, it would not be appropriate to keep the petitioner in jail during whole trial. Therefore, without commenting on merits of the

case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. It is directed that the

petitioner-Rajendra Kumar shall be released on bail on his furnishing a bail bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two

solvent sureties of the amount of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the concerned trial Court for his appearance

before it on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the trial;

The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which him is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

The petitioner will not leave India without previous permission of the trial Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court i n suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.