Madhya Pradesh High Court
Krishnpal Singh @ Rinku Singh vs The State Of Madhya Pradesh on 30 April, 2021
Author: Prakash Shrivastava
1 MCRC-19701-2021
The High Court Of Madhya Pradesh
MCRC-19701-2021
(KRISHNPAL SINGH @ RINKU SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 30-04-2021
Heard through Video Conferencing.
Shri Abhishek Arjariya, learned counsel for the applicant.
Shri Manhar Dixit, learned Panel Lawyer for the State.
This is an application filed by the applicant under Section 438 Cr.P.C.
for grant of anticipatory bail.
The applicant is apprehending his arrest for offence punishable under
Sections 306, 294,506, 34 IPC registered with Police Station Chandla, Distt.
Chhatarpur (M.P.) in Crime No.56/2021.
One Amit had committed suicide by consuming Celphos and the
alleged offence has been registered against the applicant with the plea that the
deceased was harassed by the applicant.
Learned counsel appearing for the applicant submits that Amit had died
after consuming Celphos on 11/2/2021, whereas the FIR has been registered
on 5/3/2021. He further submits that the only allegation against the present
applicant and the co-accused person is that they had abused and threatened
the deceased on the ground of taking the photographs of driving the tractor
on sand. He further submits that the necessary ingredients of offence under
Section 306 of IPC are missing in the matter, as there is no material in respect
of abetment as required by Section 107 of IPC. In support of his
submission, he has placed reliance upon the judgment of the Supreme Court
in the matter of Sanju @ Sanjay Singh Sengar vs. State of M.P. (2002) 5
SCC 371 and M. Mohan vs. State (2011) 3 SCC 626. He further submits
that the applicant has been falsely implicated and if arrested at this stage he
will suffer serious prejudice.
Learned counsel for the State has opposed the bail application and has
referred to the statement of Ajay Pandey recorded under Section 161 of the
2 MCRC-19701-2021
CrPC. He has also referred to FIR allegation.
Considering the argument of counsel for the applicant in respect of the
requirement of Sections 306 and 107 of the IPC and the material which has
been pointed out by the counsel for the parties, I am of the opinion that a
case for grant of anticipatory bail is made out.
Accordingly the bail application is allowed and it is directed that in the
event of the applicant's arrest, in connection with Crime No.56/2021, the
applicant namely Krishnpal Singh @ Rinku Singh be released on bail on
furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with
surety of the like amount to the satisfaction of Station House Officer of the
Police Station concerned. He would abide by the conditions mentioned in
Section 438(2) Cr.P.C with a further condition that the applicant will appear
before the Investigating Officer within a period of two weeks from today.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA)
JUDGE
rv
Digitally signed by VINOD
VISHWAKARMA
Date: 2021.05.03 13:54:03
+05'30'
