Prakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 5250 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                     M.Cr.C. No. 43906/2021
           ( Prakash Vs. The State of Madhya Pradesh )
                                    (1)



Gwalior, dated : 09/09/2021
     Shri V.K. Jha, learned counsel for the applicant.

       Shri    P.P.S. Bajeeta, learned Public Prosecutor for the

respondent-State.

Shri Rinkesh Shakya, learned counsel for the complainant.

Heard on IA No. 27204/2021, an application under Section

301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed

and Shri R.K. Shakya, learned counsel on behalf of the complainant

and his associate is permitted to assist the prosecution.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 438

of Cr.P.C., for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime

No.53/2021 registered at Police Station- Billaua District Gwalior

(M.P.) for the offence punishable under Sections 306 and 34 of the

IPC.

Allegations against the applicant and co-accused in short is

that they had illegally encroached on the land belonging to the

deceased and used to mentally torture and harassed the deceased due HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 43906/2021 ( Prakash Vs. The State of Madhya Pradesh )

to he committed suicide. On the aforesaid basis, crime has been

registered.

Learned counsel for the applicant submits that the applicant

has falsely been implicated in the matter. The ingredients of Section

107 of the IPC are not made out, therefore, offence under Section

306 of the IPC can not be alleged against the applicant. No

complaint was lodged by the deceased to the effect that applicant

used to harass him at any point of time. The co-accused Man Singh

has been enlarged on bail vide order dated 18/08/2021 passed in

M.Cr.C. No. 38740/2021. He has relied upon the judgment of the

Apex Court in the case of Sanju @ Sanjay Singh Senger VS The

State of M.P. (2002) 5 SCC 371. The applicant is a permanent

resident of District - Gwalior (M.P.). There is no likelihood of his

absconsion or tampering with the prosecution evidence, if he is

extended the benefit of anticipatory bail. He is ready to abide by all

the terms and conditions as may be imposed by this Court. With the

aforesaid submissions, prayer for grant of anticipatory bail is made.

On the other hand, learned Public Prosecutor for the State and

counsel for the complainant opposed the application and prayed for

its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of anticipatory bail is

made out.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 43906/2021 ( Prakash Vs. The State of Madhya Pradesh )

Taking into consideration the facts and circumstances of the

case, but without expressing any opinion on merits of the case, I

deem it appropriate to extend the benefit of anticipatory bail to the

applicant.

Accordingly, this application is allowed and it is directed that

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

furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty

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

satisfaction of the Arresting Authority.

The applicant shall also furnish a written undertaking that he

will abide by all the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 43906/2021 ( Prakash Vs. The State of Madhya Pradesh )

inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade him/her from disclosing such facts to the

Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during

pendency of the trial, failing which this bail order shall stand

cancelled automatically without further reference to the Bench.

5. The applicant will not seek unnecessary adjournments during

the trial; and

6. The applicant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.09.13 12:14:31 +05'30'