Ajit Giri vs The State Of Madhya Pradesh
2023 Latest Caselaw 3913 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 13 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 10073 of 2023

                          BETWEEN:-
                          AJIT GIRI S/O SHRI R.K. GIRI, AGED ABOUT 41 YEARS,
                          OCCUPATION: PRIVATE BUSINESS R/O IQBAL NAGAR,
                          ASHOKA GARDEN, GOVINDPURA, BHOPAL (MADHYA
                          PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI RAJESH PATEL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          INDUSTRIAL AREA SATLAPUR, DISTRICT RAISEN
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY MS. SOMYA DIXIT - PANEL LAWYER)

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

This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.25/2023 registered at Police Station Industrial Area Satlapur, Raisen, (M.P.) for the offence punishable under Sections 306 and 34 of IPC.

A s per the prosecution, the deceased namely Sajan Mathu committed suicide on 11.12.2022. He left a suicide note in which he has mentioned the name of present applicant and one Ajay Rout that they were not making the Signature Not Verified Signed by: BHARTI GADGE Signing time: 3/13/2023 5:39:19 PM

payment to him and also not giving the profit. It was further mentioned in the suicide note that due to the financial constraints, the deceased has taken a loan from private persons and they are also pressurizing him to pay the same. As he was unable to make the payment to the private persons because the present applicant and other co-accused has not given any profit or money, he committed suicide.

Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has not abetted or instigated the deceased in any manner. He also relied upon the judgment of the Apex Court in the case of Sanju @ Sanjay Sengar Vs. State of M.P. reported in AIR 2002 SC 1998 ,

wherein it is stated that no offence under Section 306 of IPC is made out as the ingredients of Section 107 of IPC are missing. The applicant is ready to co- cooperate in the investigation and abide by all the terms and conditions imposed by this Court; under the circumstances, he be released on bail.

Learned counsel for the Sate has opposed the bail application on the ground that in the suicide note the name of present applicant was mentioned. However, he fairly submits that there is no allegation that the present applicant has tortured or committed any other act with the deceased.

Considering the submissions of learned counsel for the parties, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of arresting officer.

It is further directed that he shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. and would not Signature Not Verified Signed by: BHARTI GADGE Signing time: 3/13/2023 5:39:19 PM

influence the witnesses and co-operate in the investigation and will not seek unnecessary adjournment. In case, if the applicant refused to co-operate in the investigation, this bail order will automatically stand cancelled and the Police will be liberty to arrest him.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 3/13/2023 5:39:19 PM