Madhya Pradesh High Court
Ashish Pathak vs The State Of Madhya Pradesh on 24 November, 2021
Author: Arun Kumar Sharma
1 MCRC-55047-2021
The High Court Of Madhya Pradesh
MCRC No. 55047 of 2021
(ASHISH PATHAK Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-11-2021
Shri Amit Seth, learned counsel for the applicant.
Shri Y.D. Yadav, learned Govt. Advocate the respondent/State.
Heard.
This is the first bail application filed by the applicant under Section
438 of Cr.P.C. for grant of anticipatory bail.
The applicant apprehend his arrest in connection with Crime
No.328/2021 registered at Police Station Belkheda, District Jabalpur for
the offence punishable under Section 304 of the IPC.
A s per prosecution, on 08.10.2021, the work of construction in the
school building was going on, then laft of a window fell down on a student in
Class 7th in the school, resulting into the head injury, he succumbed to death.
Learned counsel for the applicant submits that the applicant is a
Contractor by profession and is the proprietor of the construction firm M/s
Pathak Construction. The applicant was given a contract for construction of
school building and boundary wall in a government school at Belkheda
Development Block Shahpura within a prescribed period. He has been falsely
implicated in this case. He has no criminal antecedents. There is no cogent
evidence against the applicant in order to spell out the involvement of the
present applicant in the alleged incident. The applicant is not required for
custodial interrogation. The applicant had no intention or motive to cause any
injury to anyone. Actually, under the pressure of general public at large, an
offence under section 304 of the IPC is registered against the applicant.
Learned counsel for the applicant has placed reliance upon the judgment
passed by the Supreme Court in case of Mahadev Prasad Kaushik Vs.
State of Uttar Pradesh and another, (2008) 14 SCC 479 and order
passed by the Co-ordinate Bench of this Court in case of Mahendra Singh
@ Mukul Solanki Vs. State of Madhya Pradesh in M.Cr.C.
2 MCRC-55047-2021
No.19875/2018 on 28.05.2018, no offence under section 304 of the IPC is
made out against the applicant. At the most, the offence under section 304-A
of the IPC would be made out. It is further submitted that the applicant will
co-operate in the investigation. Hence, he prays for grant of anticipatory bail.
O n the other hand, learned Govt. Advocate opposes the bail
application. He submits that the deceased sustained grievous injuries while the
construction of school building was going on and the material used for
construction of said building was of inferior quality. In view of the aforesaid,
it is prayed that the applicant may not be granted anticipatory bail.
Having heard learned counsel for the parties, looking to the facts and
circumstances of the case and gravity of offence and the citations cited by
counsel for the applicant is of no use to the applicant as it is different from
the present case, in view of this Court, it is not a fit case for grant of
anticipatory bail to the applicant.
Accordingly, the present application under section 438 of the Cr.P.C.
is hereby dismissed.
(ARUN KUMAR SHARMA)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.11.25 10:54:07 IST
