Arjun Chouhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 9120 MP

                                            1                          MCRC-62082-2021
             The High Court Of Madhya Pradesh
                     MCRC No. 62082 of 2021

(ARJUN CHOUHAN Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 22-12-2021 Shri C.L.Sethi, counsel for the applicant.

Ms. Seema Jaiswal, Panel Lawyer for the State.

Shri Ishteyaq Hussain, counsel for the objector. This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 23.07.2021 in connection with Crime

No.289/2021 registered at Police Station Sohagpur, District Hoshangabad (MP) for offence punishable under Sections 306/34 of the Indian Penal Code.

As per the case of the prosecution, it is alleged that on 04.07.2021, applicant along with co-accused persons committed marpeet with Abhishek Masih, due to which he committed suicide by consuming poison.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. There is no evidence on record that the applicant has assaulted Abhishek Masih (since deceased). No ingredients of offence under Section 306 of the IPC is available against the applicant. In his dying declaration, the deceased has not

stated anything against the applicant. He has relied upon the judgment of the rendered in the case of Velladurai vs. State Rep. By the Inspector of Police in Criminal Appeal No. 953/2021 (Supreme Court), Ramesh Kumar vs. State of Chhattisgarh in Appeal (crl.) No. 617 of 2000 (Supreme Court), Ashok vs. The State of Madhya Pradesh in CRR No. 437/2017 (MPHC), Jalil Khan vs The State of Madhya Pradesh CRR No. 2436/2020 (MPHC), Digvijay Singh vs. The State of Madhya Pradesh in M.Cr.C.No. 33397/2018 (MPHC), Shankar Lal vs. State & Anr. in Criminal Misc. (Pet.) No. 1784/2013 (Rajasthan HC). In view of the aforesaid, prayer is made to release the applicant on bail.

Learned Panel Lawyer for the State and counsel appearing for the objector have opposed the bail application. It is contended that they continuously tortured and threatened the deceased of dire consequences due to which he committed suicide.

Heard learned counsel for the parties. Perused the record.

2 MCRC-62082-2021 The deceased in his suicide note has categorically stated that he is committing suicide due to harassment, assault and insult by the accused persons. They also threatened him of dire consequences in case he tries to lodge any complaint. Further, the bail applications of Chandan Singh and Boota @ Rajeev have been dismissed on merits by this Court vide order dated 10.11.2021 passed in M.Cr.C.Nos. 51846/2021

and 52252/2021. The case of the present applicant is not distinguishable from that of the aforesaid co-accused persons.

Considering the gravity of offence, I do not find it a fit case for grant of bail to the applicant.

Accordingly, this M.Cr.C. stands dismissed.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2021.12.23 14:27:50 +05'30'