Dheeraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 4836 MP

The High Court Of Madhya Pradesh

Dheeraj S/o Daulatram Khubani vs. State of M.P. Indore : 31/08/2021 :-

Shri Abhishek Tugnawat, learned counsel for the applicant. Shri Aditya Garg, learned Government Advocate for the non- applicant/State.

Heard learned counsel for the parties. This is first application filed under section 438 Cr.P.C seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime No.209/2021 registered at Police Station-Annapurna, District-Indore for the offence punishable under Section 306 of the IPC.

Learned counsel for the applicant submits that even allegations levelled against the applicant are accepted then too offence under Section 306 of IPC is not made out. Learned counsel for the applicant placed reliance on the judgment of Hon'ble Apex Court in the matter of Shabbir Hussain vs. State of M.P. In SLP (Cri.) No.7284/2017 decided on 26/07/2021 wherein it has been held that the person who is said to have abetted the commission of suicide must have played an active role by an act of instigating or by doing a certain act to facilitate the commission of suicide. It is prayed that anticipatory bail may be granted to the applicant.

The prayer is opposed by learned Panel Lawyer for the State. In the considered opinion of this Court and looking the facts and circumstances of the case, without commenting on the merit of the matter, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions :-

The High Court Of Madhya Pradesh

(a) The applicant shall co-operate with the investigation and make himself available for interrogation by a Police Officer as and when required;

(b) He shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled; and

(d) He shall not leave the territory of India without the prior permission of the Court.

C.C. as per rules (Pranay Verma) Judge Aiyer* Digitally signed by JAGDISHAN AIYER Date: 2021.08.31 18:49:46 +05'30'