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2021 DIGILAW 97 (MP)

Ashi Jain v. State of Madhya Pradesh

2021-02-03

ROHIT ARYA

body2021
JUDGMENT : Rohit Arya, J. 1. Heard through video conferencing. 2. This is first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicant, a young lady aged about 25 years and working as a Stenographer in the District Court is before this Court apprehending her arrest in connection with Crime No. 8/2021 registered at Police Station Sagore, District Dhar (MP) for offence punishable under Section 306 and 386 of the Indian Penal Code, 1860. 3. As per prosecution story, the deceased Ankit Sharma before commission of suicide at Sagore, a place at a distance of 50 km from District Court, Dhar has left behind a suicide note, wherein it has been stated that the applicant and the deceased have been in love. Off-late, she has turned her cold shoulders and stopped communicating with the deceased. He is emotionally drained for not been able to contact the applicant and at the same time allegation is made that she manipulated him under the pretext of being in love and exploited him. Due to her indifferent attitude, he has committed suicide by consuming sulphas. Accordingly, case has been registered against the present applicant. 4. Learned counsel for the applicant submits that in fact, it was a case of one sided love of the deceased for applicant. True, that the applicant was known to him and they were in relationship at some point of time, but with the passage of time, relationship between them has not been on a happy note. Therefore, she has tried to gradually disassociate herself and did not encourage him to send messages which the deceased has been doing despite resistance. 5. Learned counsel has referred to pages 39, 43, 47 and 69 of the Annexure A-3 cataloging the details of messages sent to the applicant by the deceased and also page 7 of his bail application where under different fake ID's, he has been after the applicant on social media, despite being blocked on ID's known to her. It is further submitted that if the applicant for long time was not inclined to associate herself with the deceased and not interested in relationship, that by itself would not constitute an alleged act of abetment. The deceased if suffered from infatuation and had no control over his emotions, the applicant cannot be held responsible. 6. It is further submitted that if the applicant for long time was not inclined to associate herself with the deceased and not interested in relationship, that by itself would not constitute an alleged act of abetment. The deceased if suffered from infatuation and had no control over his emotions, the applicant cannot be held responsible. 6. To bolster his submissions, Shri Baheti refers to the judgment of Hon'ble Supreme Court [ 2011(3) SCC 626 M. Mohan Vs. State] and submits that the word ' abetment' has been elucidly explained by the Hon'ble Supreme Court with the meaning that abetment involves a mental process of instigating a person or intentionally adding a person in doing of a thing. Without a positive act on the part of the accused to instigate or add in committing suicide, conviction cannot be sustained. It is submitted that the applicant has not been in touch with the deceased for over one year approximately. Thereafter, applicant neither contacted him nor encouraged him in any manner. On the contrary, the deceased has been sending messages through fake ID's on instagram as referred above, despite being blocked. The applicant cannot be said to have either instigated with the mental make-up to intentionally compel the deceased to do an act of commission of suicide in the obtaining facts and circumstances. He further submits that there is not even an iota of evidence that during the lifetime of the deceased, at any point of time applicant either manipulated him or played with the emotions of the deceased for some illegal gains or otherwise. Subsequent statements of witnesses recorded u/s. 161 Cr.P.C. with maneuvered stories imputing herd of wild allegations in fact are in despair with no factual moorings. In any case, the same shall be the subject-matter of trial. Nevertheless, applicant cannot be held responsible for the act of the deceased. Applicant has no criminal antecedents. More so, the applicant is a young lady aged 25 years and if she is not protected against arrest, she shall suffer social indignation, mental trauma and stigma in her service career. Life of her family members and herself would be ruined. Hence, applicant may be protected against arrest. 7. Per contra, Shri Sisodiya for the State and Shri Bhatnagar with Shri Ojha and Shri Vivek Singh for the complainant vehemently opposes the application with the submission that applicant is manipulative by nature. Life of her family members and herself would be ruined. Hence, applicant may be protected against arrest. 7. Per contra, Shri Sisodiya for the State and Shri Bhatnagar with Shri Ojha and Shri Vivek Singh for the complainant vehemently opposes the application with the submission that applicant is manipulative by nature. She invited the deceased laying trap of love for exploitation. When the deceased could not fulfill her demands, the applicant started neglecting him and emotionally manipulated him, resulting into his emotional drain with a sense of insecurity. Learned counsel also tried to submit that in the statement of father of the deceased, details have been provided as regards involvement of the applicant with the deceased with manipulative instinct. It is not a case of no evidence and, therefore, at this stage since investigation is pending consideration, no indulgence is warranted for protecting the applicant against arrest. Hence, prays for rejection of the application. 8. Upon hearing learned counsel for the parties and perusal of the case diary, though this Court does not intend to address the contentions touching merits of the case, but regard being had to the fact that as on date, there is no such material on record attributing any motive or intention of instigation or emotional manipulation of the deceased in continuous process with close proximity with commission of the alleged act of suicide during his lifetime. This assumes importance in the backdrop of the fact that applicant was at Dhar i.e. 50 km away from Sagore, where the deceased has committed suicide and there has been no communication from the applicant's side to the deceased for over a period of one year, as per the material available on record. Suffice it to say that at this stage prima-facie for want of any intentional act of instigation with the element of mens rea on the part of the applicant forcing the deceased to commit an act of suicide, it is difficult to countenance with the contentions advanced by learned counsel for the State and the complainant to deny protection against arrest based upon the material collected after death of the deceased. Nevertheless, the evidence referred to by either sides during the course of arguments definitely is matter of trial and shall always be the subject-matter of critical evaluation by the trial Court at an appropriate stage. Nevertheless, the evidence referred to by either sides during the course of arguments definitely is matter of trial and shall always be the subject-matter of critical evaluation by the trial Court at an appropriate stage. Hence, in the obtaining facts and circumstances, this Court is of the view that the applicant is entitled for protection against her arrest. 9. Consequently, the present application under Section 438 of Cr.P.C. is hereby allowed. It is directed that in the event of arrest, present applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 3,00,000/- (Rupees three lakhs only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer). The applicant shall make herself available for interrogation by a police officer as and when required. She shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C. with the following conditions: (i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19); (ii) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.; (iii) violation of any of the conditions, State is free to apply for cancellation of bail. (iv) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically. 10. Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action. 11. Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the trial. 12. E-certified copy as per rules.