Madhya Pradesh High Court
Babbi @Ashish Jain vs The State Of Madhya Pradesh on 4 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5917/2022
(Babbi @ Ashish Jain Vs. State of M.P.)
Through Video Conferencing
Gwalior, Dated : 04/02/2022
Shri Jitendra Singh Kushwah, learned counsel for the
applicant.
Shri Lokendra Shrivastava, learned counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 28/12/2021 in connection
with Crime No.696/2021 registered by Police Station Kotwali,
District Ashoknagar for offence punishable under Sections 306 and
34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, Vishal Agrawal had illicit relationship with
the co-accused. It was alleged that on account of illicit relationship,
she started extracting money from Vishal Agrawal. Vishal Agrawal
was fulfilling her requirement under compulsion and certain blank
cheques were also taken by her and as Vishal Agrawal was fed up
with the co-accused, therefore, he consumed Sulphas and was
discharged from the hospital after treatment. Thereafter, the mother
of the co-accused started calling the deceased, but her phones were
not picked up. It is alleged that the co-accused thereafter, presented
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5917/2022
(Babbi @ Ashish Jain Vs. State of M.P.)
the cheque in the bank, which stood bounced. After the deceased
received an SMS from the bank to the effect that his cheque is
bounced, then in the night of 10/07/2021 he tried to commit suicide
by hanging himself. However, he was saved by persuasion. On the
date of incident, he was found dead near the house of co-accused.
Since, no opinion could be given by the doctors, therefore, Visra has
been preserved. The only allegation against the applicant is that he
alongwith the co-accused was demanding money and had also
extended a threat that otherwise the children of the deceased would
be kidnapped. It is submitted that the case of the applicant is identical
to that of co-accused Anita Chawla, who has been granted bail by this
Court by order dated 25/01/2022 passed in MCRC No.2505/2022.
Per contra, the application is vehemently opposed by the
counsel for the State. However, Shri Shrivastava could not point out
any distinguishable feature in the case of the applicant and the co-
accused.
Considering the facts and circumstances of the case, without
commenting on the merits of the case, the application is allowed. It is
directed that the applicant be released on bail on furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with
one surety in the like amount to the satisfaction of the Trial
Court/Committal Court to appear before the Court on the dates given
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5917/2022
(Babbi @ Ashish Jain Vs. State of M.P.)
by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Abhi Judge
ABHISHEK
CHATURVEDI
2022.02.05
14:27:23
+05'30'
