Bundu Kabadi Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7582 MP

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             HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.56289/2021
                    (Bundu Kabadi Vs. State of M.P. )
Gwalior, Dated:18.11.2021

      Shri Ankur Maheshwari, learned counsel for the applicant.

      Shri    PPS      Bajita,   learned    Public      Prosecutor   for

respondent/State.

This is first application under Section 438 of the Cr.P.C

filed by the applicant, who apprehends arrest in connection with

Crime No.482/2021, registered at Police Station Dehat, District

Shivpuri, for the offence punishable under Section 306/34 of IPC.

It is the submission of counsel for the applicant that

applicant aged 55 years apprehending his arrest on the basis of

registration of offence referred above on false pretext. It is further

submitted that as per allegations, applicant caused harassment to

the deceased to the extent that he committed suicide but in-fact

deceased himself was in habit of consuming liquor/ psychotropic

substance. No such harassment or goading has been caused by the

applicant so as to persuade him to commit suicide. Even the

statement of parents of deceased indicates that on the fateful day,

he was under the influence of liquor. Learned counsel for the

applicant relied upon the judgment of Apex Court Madan

Mohan Singh Vs. State of Gujarat & another 2010 (8) SCC

628, Sanju @ Sanjay Singh Sengar Vs. State of M.P. 2002

SCC (Cr.) 1141, Netai Dutta Vs. State Of West Bengal 2005

SCC (Cr.) 543, Gangula Mohan Reddy Vs. State of A.P., 2010

(1) SCC 750 as well as Ramesh Kumar Vs. State of

Chattisgarh, 2002 SCC (Cri.) 1088. Confinement may bring

social disrepute and personal inconvenience. He undertakes to

cooperate in trial/investigation. Accordingly, prayer for

anticipatory bail has been made.

Learned counsel for the State opposed the prayer and

prayed for dismissal of the application.

Heard learned counsel for the parties at length and

considered the arguments advanced by them.

Considering the facts and circumstances and the arguments

advanced by the counsel for the parties, but without expressing

opinion on merits of the case, I deem it appropriate to allow this

application under Section 438 of Cr.P.C.. It is hereby directed that

in the event of arrest, the applicant shall be released on bail on

furnishing a personal bond of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety of the like amount to

the satisfaction of Investigating Officer/Investigating Agency.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and Copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy as per rules/directions.

                                                                                            (Anand Pathak)
               Ashish*                                                                           Judge
ASHIS
        Digitally signed by ASHISH
        CHAURASIA
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, ou=HIGH COURT OF


H
        MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001,
        st=Madhya Pradesh,
        2.5.4.20=bf81a9adb1da24e4bc7b



CHAUR
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        pseudonym=CA2EA6EDDF504F8
        F9C2790FA9A0FD201D0242B64,
        serialNumber=A926F3CBF979ECA



ASIA
        6A4C477577EEDBA3AB4F94593A
        930B98DAE1B0AD16F90B5FD,
        cn=ASHISH CHAURASIA
        Date: 2021.11.18 19:33:30 +05'30'