Madhya Pradesh High Court
Kallu @ Pushpendra Gautam vs The State Of Madhya Pradesh on 26 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 26 th OF DECEMBER, 2023
THROUGH VIDEO CONFERENCING
MISC. CRIMINAL CASE No. 56990 of 2023
BETWEEN:-
KALLU @ PUSHPENDRA GAUTAM S/O
SHIVPRASAD GAUTAM, AGED ABOUT 40 YEARS,
OCCUPATION: BUSINESS R/O VILLAGE KHARRA
PS SHAHNAGAR DISTRICT PANNA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI D.K. JAIN - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION HATA DISTRICT DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S.K. KASHYAP - GOVERNMENT ADVOCATE, SHRI
SHAILENDRA VERMA - ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, the court passed
the following:
ORDER
Case diary is available.
2. This first application under Section 438 of Cr.P.C. has been
granted for grant of anticipatory bail.
3. Applicant is apprehending his arrest in connection with Crime
No.520/2023 registered at Police Station Hata, District Damoh for offence
under Section 306 of IPC.
4. The allegations against the applicant are that he was apprehending
that deceased is having illicit relationship with a girl and accordingly, he
was objecting to the said relationship and it was also alleged that applicant
was constantly threatening the deceased to stay away from the family of
Kaushal Kishore otherwise he would be ruined and accordingly, deceased
committed suicide by consuming sulphas. It is submitted that whether the
allegations made against applicant would constitute an offence of
abatement or not is a debatable question. The applicant is a respectable
member of the society and his arrest would spoil his reputation.
5. Per contra, application is vehemently opposed by counsel for
complainant as well as State. It is submitted by Shri Shailendra Verma that
on account of threatening given by applicant, deceased committed suicide.
It is also submitted by counsel for State that as per police case diary,
applicant has no criminal history.
6. Considering the allegations made against the applicant, this Court
is of considered opinion that application for grant of anticipatory bail can
be allowed.
7. Accordingly, in case if applicant appears before Investigating
Officer on or before 05.01.2024 and furnishes a personal bond in the sum
o f Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like
amount to the satisfaction of the concerned Investigating Officer, then he
shall be released by Investigating Officer.
8. It is made clear that in case if applicant fails to appear before the
Investigating Officer on or before 05.01.2024, then this order shall
automatically come to an end.
9. In the light of judgment passed by the Supreme Court in the case
o f Aparna Bhat & Ors. Vs. State of M.P. passed on 18.03.2021 in
Criminal Appeal No.329/2021, intimation regarding grant of bail be sent
to the complainant.
10. The application succeeds and is allowed.
(G.S. AHLUWALIA)
V. JUDGE
vc
