Devkaran vs The State Of Madhya Pradesh
2021 Latest Caselaw 4244 MP

1         HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
     MCRC No.35092/2021 (Anil Choudhary Vs. State of MP)
     MCRC No.34703/2021 (Devkaran Patel Vs. State of MP)
     MCRC No.39658/2021 (Makhan Jaiswal Vs. State of MP)

Indore: Dated:-12/08/2021:-
       Shri Avinash Sirpurkar, learned Senior Counsel with Shri Bablu
Patel, learned counsel for the applicant in MCRC No.34703/2021.
       Shri Vivek Singh, learned counsel for the applicant in MCRC
No.35092/2021.
       Shri Imran Qureshi, learned counsel for the applicant in MCRC
No.39658/2021.
       Shri D.S. Chouhan, learned Panel Lawyer for the State.
       Shri Raghvendra Singh Bais, learned counsel for the Objector.

         Regard being had to the similitude of the crime number and
questions involved, on the joint request of the parties, matters were
analogously heard and decided by this common order.
         These are the first bail applications under Section 438 of Cr.P.C.
for grant of anticipatory bail. Applicants are apprehending their arrest in
connection with Crime No.256/201 registered at Police Station- Kshipra,
Dist. Indore for the offence punishable under Section 306 of IPC and 3, 4
of M.P. Riniyon Ka Sanrakshan Adhiniyam 1937.
         Learned counsel appearing for the applicant-Anil Choudhary and
Devkaran Patel submits that although the names of present applicants
find place in the suicide note dated 22/06/2021, the said note is of no
assistance to the prosecution for twin reasons namely, i) the suicide had
taken place on 30/06/2021, whereas the suicide note is prepared on
22/06/2021

. ii) The necessary ingredients for attracting Section 306 of IPC are not available in the suicide note/prosecution story. It is further argued that there is no bar for considering the anticipatory bail by this Court.

Shri Qureshi, learned counsel appearing for the applicant Makhan Jaiswal submits that the name of present applicant does not find place in the suicide note. By placing reliance on the order of this Court passed in MCRC No.52708/2019 (Amit Tiwari vs. State of MP), it is submitted that the present matter is similar.

Shri Chouhan, learned Panel Lawyer for the State submits that the 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE MCRC No.35092/2021 (Anil Choudhary Vs. State of MP) MCRC No.34703/2021 (Devkaran Patel Vs. State of MP) MCRC No.39658/2021 (Makhan Jaiswal Vs. State of MP)

necessary ingredients to attract Section 306 are very much available. He placed reliance on the statement of father of deceased and other statements recorded under Section 161 of Cr.P.C. to show that applicants have threatened the deceased because of that he ultimately committed suicide. All the applicants are influential persons and are musclemen. Thus, if applicants are given the benefit of anticipatory bail, there is every likelihood of tampering the witnesses/material.

Shri Bais, learned counsel for the Objector argued in the same line and almost borrowed the arguments of learned Panel Lawyer.

I have heard the parties at length.

No doubt, suicide note appears to be of 8 days prior to the date deceased has committed suicide. However, it is for the trial Court to determine the correct date and its effect if date is different than the date when he actually committed suicide. The allegations against the applicants are very serious. As per the judgment of Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, the nature and gravity of accusation is also a relevant consideration for the purpose of deciding an anticipatory bail. A conjoint reading of suicide note and statement of deceased's father makes it clear that allegations are very grave and I find substance in the argument of learned Panel Lawyer that if benefit of anticipatory bail is granted, in the peculiar facts of this case, the applicants may adversely affect the fair trial. In other words, there is likelihood of applicants' influencing the material/witnesses.

Considering the aforesaid, I find no reason to grant anticipatory bail to the applicants. Applications are hereby dismissed.

Certified copy, as per rules.

                                                           (SUJOY PAUL)
                                                               JUDGE
soumya     Digitally signed
           by SOUMYA
           RANJAN DALAI
           Date: 2021.08.13
           17:12:40 +05'30'