Dilip Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1570 MP

                                                           1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                ON THE 27 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 2867 of 2023

                          BETWEEN:-
                          DILIP SINGH S/O MANSINGH, AGED ABOUT 40 YEARS,
                          OCCUPATION:      RETIRED     HABALDAR      R/O
                          BEHINDPOLICE STATION JAHAR TEHSIL KHANDWA
                          DISTRICT KHANDWA AT PRESENT FLAT NO. S-I,
                          SHIKHAR    SNEH    COMPLEX    KAILASH   NAGAR
                          BAIRAGARH BHOPAL DISTRICT BHOPAL (MADHYA
                          PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI PRAMOD SINGH TOMAR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION BAIRAGARH DISTRICT BHOPAL (MADHYA
                          PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI SUNIL GUPTA - PANEL LAWYER)

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

                          following:
                                                            ORDER

This is the first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

The applicant has been arrested in connection with Crime No.172/2022, registered at Police Station - Bairagarh, District Bhopal (M.P.) for offence punishable under Section 306 of IPC. The applicant is in custody since 26.12.2022.

As per prosecution case, allegation against the applicant is that he has Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 1/28/2023 2:24:09 PM

abetted the deceased due to which the deceased committed suicide by hanging. On the basis of aforesaid, the FIR has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. It is further submitted that FIR has been lodged after a delay of 07 months. The deceased was committed suicide because he was unable to return back the borrowed money. He also placed reliance in the case of Mohit Jain vs. State of M.P. reported in (2018) 3 MPWN 21 and also placed reliance on the judgments of Apex Court in the case of Wazir Chand and another vs. State of Haryana; AIR 1989 SC 378 and Gangula Mohan Reddy vs. State of Andhra Pradesh; 2010(1)

SCC 750 and submitted that money borrowed to the deceased and demanding back of money was not an act of harassment under Section 107 of IPC. Investigation is over and charge-sheet has been filed. Applicant has no criminal antecedent. He is in custody since 26.12.2022. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail to the applicant.

O n the other hand, learned Panel Lawyer for the respondent/State opposed the prayer and prays for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 1/28/2023 2:24:09 PM

this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The M.Cr.C. stands allowed and disposed of. Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 1/28/2023 2:24:09 PM