Surendra Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5575 MP

                                                              1
                            IN      THE         HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                   ON THE 5 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 10222 of 2023

                           BETWEEN:-
                           SURENDRA KIRAR S/O GIRWAR SINGH KIRAR, AGED
                           ABOUT    33   YEARS, OCCUPATION: GOVERNMENT
                           DOCTOR, R/O VAISHALI NAGAR, PHASE 2, POLICE
                           STATION, DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (MR. DINESH SINGH TOMAR - ADVOCATE FOR APPLICANT)
                           )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION, CIVIL LINE, DISTRICT VIDISHA (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           (BY MR. ROHIT MISHRA - ADDITIONAL ADVOCATE GENERAL FOR
                           RESPONDENT/STATE & MR. SANJAY RAGHUVANSHI - ADVOCATE FOR
                           COMPLAINANT.)

                                  This application coming on for Admission this day, the court passed the

                           following:
                                                               ORDER

I.A.No.5400/2023, an application under Section 301(2) of Cr.PC. for assisting the Government Advocate is taken up, considered and allowed for the reasons mentioned therein.

Shri S.S. Raghuwanshi - Advocate and his associates are permitted to assist the prosecution on behalf of the complainant.

The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 4/6/2023 9:56:41 AM

The applicant is apprehending his arrest in connection with Crime No.82 of 2023 registered at Police Station Civil Lines, District Vidisha (M.P.) for the offence punishable under Section 306 of IPC.

As per prosecution story, the allegation against the present applicant is that he instigated deceased-Nisha to commit suicide on account of which she committed suicide.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the case. Applicant is a government doctor by profession. It is further argued that earlier the deceased had registered an FIR against the present applicant, for which, he has been acquitted by the

concerning trial Court in RCT No.952 of 2022 vide judgment dated 04.11.2022, therefore, the allegation that the present applicant-accused harassed the deceased cannot be believed upon. It is further argued that there is not an iota of evidence to connect the present applicant/accused with the commission of offence. He is permanent resident District Vidisha. It is further argued that present applicant is a government servant and if he is arrested, it would impact him adversely. It is submitted by the counsel for the applicant that the applicant is ready and willing to co-operate in the investigation and shall abide by all the terms and conditions as may be imposed by this Court; therefore, he prays for grant of anticipatory bail.

O n the other hand, learned State counsel as well as Counsel for the complainant have vehemently opposed the application and prays for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 4/6/2023 9:56:41 AM

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant be released on bail, on executing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with two local sureties in the like amount to the satisfaction of the Arresting Officer/Investigating Authority.

The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.

(SUNITA YADAV) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 4/6/2023 9:56:41 AM