Arvind Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 8045 MP

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                                            M. Cr. C. No.28450 of 2022




      IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                           BEFORE
             HON'BLE SHRI JUSTICE ANIL VERMA

                   ON THE 17th OF JUNE, 2022

         MISC. CRIMINAL CASE No. 28450 of 2022
 Between:-
 ARVIND JAIN,
 S/O SHRI HUKUMCHANDRA JAIN,
 AGED ABOUT 55 YEARS,
 OCCUPATION: PRIVATE JOB,
 R/O 36/10 RISHI NAGAR EXTENSION,
 NEAR TRAFFIC THANA,
 UJJAIN (MADHYA PRADESH)
                                                .....APPLICANT
 (BY SHRI NEERAJ GAUTAM, ADV.)

                             AND

 THE STATE OF MADHYA PRADESH,
 THROUGH STATION HOUSE OFFICER,
 POLICE STATION INGORIYA,
 DISTRICT UJJAIN (MADHYA PRADESH)
                                               .....RESPONDENT
 (BY SHRI RAHUL SOLANKI, GA)
     This application coming on for hearing this day, the court
passed the following:
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                                                M. Cr. C. No.28450 of 2022




                           O R D E R

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.84/2022 registered at Police Station -Ingoriya, District Ujjain (M.P.) for commission of offence punishable under Section 306 of the Indian Penal Code, 1860.

As per the prosecution story, present applicant, who is an Auditor in Sahara India Company, was continuously harassing the deceased due to which he committed suicide by consuming poisonous substance 'Sulphas'. The deceased left a suicide note behind it in which it is written that Auditor of Sahara India Company was harassing the deceased. Accordingly, a merg has been registered and after the inquiry of the merg offence under Section 306 of IPC has been registered against the present applicant.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no iota of evidence available against him which shows any mens rea or criminal intention. Therefore, no prima-facie case under Section 306 of IPC is made out. He never instigated, provoked or abetted the deceased to commit suicide. There is no overt act or any action

M. Cr. C. No.28450 of 2022

on the part of the applicant, which guided the deceased to commit suicide. He has no criminal background and is permanent resident of Ujjain district. There is no apprehension of his fled away from the Court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

In support of his contention, he has placed reliance upon various judgments/orders passed by this court passed in Mohanlal @ Mohan Vs. State of M.P. passed in Cr. A. No.470/1999 on 07/03/2022, Vedprakash Tarachand Bhaiji Vs. State of M.P. reported in 1995 MPLJ 458 and Ajay Patodia Vs. State of M.P. reported in 2003(4) MPLJ 195.

Per-contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation and also taking note of the fact that deceased left a suicide note behind him, in which he has categorically mentioned that he is committing suicide due to harassment caused by the applicant. Deceased was

M. Cr. C. No.28450 of 2022

also the employee of the same office in which present applicant is an Auditor.

In view of the prima-facie evidence available on record, without commenting anything upon the merits of the case, this Court is of the considered view that at this stage, present applicant is not entitled for anticipatory bail. Accordingly, his first anticipatory bail application preferred under Section 438 of Cr.P.C. is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA) J U D G E Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.06.17 18:43:08 +05'30'