1 M.Cr.C. No.7482/2011 7/12/2011 Shri Rajiv Upadhyay, counsel for the applicants. Shri R.S.Yadav, Panel Lawyer for the respondent/State. Learned Panel Lawyer informs that case diary is not available. Learned counsel for the applicants submits that looking to the nature of the case, it may be considered with the help of the impugned order. Heard the learned counsel for the parties. The applicants are in custody since 10/10/2011 relating to Crime No.566/2011 registered at Police Station Kotwali, District Guna, for the offence punishable under Section 306/34 of IPC. Learned counsel for the applicants submits that the applicants are reputed citizen of the locality. They do not have any criminal past alleged against them. There was no relation of the applicants with the deceased, so that presumption under Section 113-A of the Evidence Act may apply. The overt acts as alleged against the applicants do not fall within the purview of Section 107 of IPC, and therefore, no offence under Section 306 of IPC is made out. The dead-body of the deceased was found in a well and it is not very sure that she 2 committed suicide. It may be a case of accident. Under such circumstances, no offence under Section 306 of IPC is made out against the applicants. Police is harassing the applicants without any sufficient reason. Under such circumstances, applicants pray for bail. Learned Panel Lawyer for the State opposes the application. After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the opinion that this is a fit case in which bail may be granted to the applicants Rahbar alias Chhotu and Kapil. Therefore, the application of the present applicants under Section 439 Cr.P.C is hereby allowed. They be released on bail on their furnishing a bond in sum of Rs.35,000/- (Rupees thirty five thousand) each with one surety bond each of the same amount to the satisfaction of the Chief Judicial Magistrate, Guna, to appear before the committal Court and the trial Court on the dates given by the concerned Courts. Certified copy as per rules. (N.K.Gupta) Judge ms/-