Nitin Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5438 MP

                                                                      1
                                   IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                          ON THE 1 st OF APRIL, 2023
                                                  MISC. CRIMINAL CASE No. 12511 of 2023

                                  BETWEEN:-
                                  NITIN JAISWAL S/O SHRI RAMCHANDRA JAISWAL,
                                  AGED ABOUT 32 YEARS, OCCUPATION: BUSINESS
                                  VILLAGE BHANGIYA TEHSIL AND DISTRICT INDORE
                                  (MADHYA PRADESH)

                                                                                                   .....APPLICANT
                                  (BY SHRI VIRENDRA PATEL,ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH THROUGH POLICE
                                  STATION BANGANGA DISTRICT INDORE (MADHYA
                                  PRADESH)

                                                                                                .....RESPONDENT
                                  (BY SHRI TARUN PAGARE, P.L.)

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

This is the first application of the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No.324/2023 registered at Police Station - Banganga, Indore for the offence under Section 306 of IPC.

As per prosecution case, a report has been lodged by son of the deceased that deceased had taken Rs.60,000/- from the applicant and he had paid full amount but despite that the applicant was demanding money with 10% interest and was threatening to kill him.

Learned counsel for the applicant submits that allegations against the Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-Apr-23 5:27:52 PM

applicant do not constitute the offence under section 306 IPC as necessary factors/ingredients to attract the aforesaid section are absent. In support of his submission he has placed reliance on the judgment of Apex Court in the cases of Sanju @ Sanjay Singh Sengar Vs. State of M.P. AIR 2002 SCC 1998, Gangula Mohan Reddy Vs. State of Andhra Pradesh, (2010) 1 SCC 750 and also on the order passed by co-ordinate Bench in the case of Shivnarayn & others Vs. State of M.P. and others (M.Cr.C.No. 15725/2022) and on the judgment passed by this Court in Criminal Appeal No. 403/2000 (Anil Parihar Vs. State of M.P.) decided on 2.2.2003.

Counsel for the State opposes the prayer on the ground that deceased

has written a letter alleging same allegations against the applicant and that, the investigation is pending.

After hearing learned counsel for the parties and taking into consideration the allegations against the applicant, I find prima facie case is made out for grant of anticipatory bail. Accordingly, the application is allowed.

It is directed that in the event of arrest, applicant- Nitin Jaiswal shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

Certified copy as per rules.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-Apr-23 5:27:52 PM

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-Apr-23 5:27:52 PM