Pravesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10070 MP

                                                   1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                                  BEFORE
                                      HON'BLE SHRI JUSTICE ANIL VERMA
                                           ON THE 21st OF JULY, 2022

                                MISC. CRIMINAL CASE No. 31528 of 2022

                          Between:-
                          PRAVESH S/O PRAKASH CHANDRA MITTAL,
                          AGED     ABOUT     30  YEARS, OCCUPATION:
                          SERVICE
                          R/O: D-403, BALAJI REGENCY, DRAVID NAGAR.
                          INDORE (MADHYA PRADESH)

                                                                                   .....APPLICANT
                          (BY SHRI A.S. GARG, SENIOR COUNSEL
                          WITH Ms. MEGHA JAIN ADV.)

                          AND

                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION CHANDAN NAGAR, INDORE
                          (MADHYA PRADESH)

                                                                             .....NON APPLICANT
                          (BY SHRI AJAY GUPTA, PL)

                      This application coming on for orders this day, th e court passed the
             following:
                                                    ORDER

This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.502/2022 registered at P.S. - Chandan Nagar, Indore (M.P.) for commission of offence punishable under Section 306 of IPC.

As per the prosecution story, an employee of Kiran Motors Okaya Showroom, Indore namely Vijay Choudhary working as Mechanic committed Signature Not Verified suicide by hanging on 5.5.2022. Deceased left a suicide note stating that due to Signed by: TRILOK SINGH SAVNER Signing time: 21-Jul-22 6:19:35 PM the mental and physical torture at the showroom by its employees where he was

locked and beaten, he is taking drastic step of committing suicide. On the basis of the aforesaid suicide note, Crime No.505/2022 for offence punishable under Section 306 of IPC has been registered against the present applicant and other co-accused persons.

Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in this matter. He is not an employee of the firm Kiran Motors Okaya Showroom. Applicant is the employee of AU Small Finance Bank Limited and working as a Assistant Business Manager Wheels. He has been made accused on the basis of the CCTV footage wherein applicant and deceased are seen entering the showroom in the same frame. Deceased was

working as a Mechanic in the Kiran Motors, he consumed liquor and without permission he took a demo vehicle and did not report back at showroom on the next day. When police asked the deceased to return the vehicle or else to pay the cost of the vehicle, he committed suicide. Applicant did not cause any harassment to victim. No offence under Section 306 and 107 of IPC is made out against him. He is a permanent resident of District Indore and there is no apprehension of his fleeing away from the court of justice. Hence, he prays that the applicant be released on anticipatory bail in the event of his arrest in connection with the said offence. In support of his submission he has placed reliance upon the judgment of the Apex Court in the case of Som Mittal Vs. Government of Karnataka (2008) 3 SCC 753, in the case of M. Arjunan Vs. State (2019) 3 SCC 315, in the case of Gangula Mohan Reddy Vs. State of Andhra Pradesh, AIR 2010 SC 327 and the judgment of this Court in the case of Lalit Solanki Vs. State of M.P., 2018(1) JLJ 364. Signature Not Verified Per-contra, learned PL for the respondent/State opposes the anticipatory Signed by: TRILOK SINGH SAVNER Signing time: 21-Jul-22 6:19:35 PM bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below. Considered all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and the fact that CCTV footage is available against the applicant, although applicant has claimed that he is working as an Assistant Business Manager Wheels in the AU Small Finance Bank Limited but he did not file any appointment letter or identity card issued by the aforesaid firm. The citations produced by the applicant are related with quashment of FIR and Criminal Revision against the charge whereas in the present matter investigation is still continuing, therefore, all these citations are not applicable in the present case.

Therefore, in view of the prima facie evidence available on record, without commenting upon merits of the case, this Court is not inclined to grant anticipatory bail to the applicant.

Accordingly, this M.Cr.C. is hereby dismissed. C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Jul-22 6:19:35 PM