Aashu @ Ashish vs The State Of Madhya Pradesh
2023 Latest Caselaw 7360 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 4 th OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 18582 of 2023

                           BETWEEN:-
                           AASHU @ ASHISH S/O SHRI KAILASH SOLANKI, AGED
                           ABOUT 23 YEARS, OCCUPATION: LABOR, R/O: 255/2,
                           YADAVNAND NAGAR, INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY MR. DHARMENDRA GURJAR - ADVOCATE)

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

                                                                                        .....RESPONDENT
                           (MR. KAPIL MAHANT - PANEL LAWYER AND
                           MS. NIVEDITA SHARMA - ADVOCATE FOR OBJECTOR)

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

Applicant has filed this first anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of anticipatory bail relating to Crime No.444/2023 registered at P.S. Banganga District Indore (M.P.) for commission of offence punishable under Sections 306 of IPC read with Section 3/4 of Riniyo ka Sanrakshan Adhiniyam.

As per prosecution story, on 12/01/2023 deceased Ganesh mixed some poisonous substance in liquor and consumed the same at his house. He was referred to M.Y. Hospital for treatment and upon recovery he was discharged Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 04-05-2023 18:43:48

from the Hospital on 13/01/2023. Thereafter, on 18/01/2023 again he was referred to M.Y. Hospital and on 19/01/2023 he died during the treatment. The deceased narrated in his statement before the police that he took money for his personal expenses from the present applicant and other co-accused persons and they are charging exaggerated interest of 5-10% from him. On 28/12/2022 everybody called him on his mobile and threatened him that if he did not return the money, they will beat him. Accused persons also came to his house and threatened him. Due to the threat given by the applicant and other co-accused p ers o ns , deceased committed suicide by consuming some poisonous substance through injection. Accordingly, offence has been registered.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. Co-accused Sachin, Rajesh and Nitesh have been enlarged on regular bail by this Court vide order dated 12.04.2023 passed in MCRC Nos.13234/2023, 13528/2023 and 13786/2023 in the similar circumstances. Prior to the incident deceased has not made any complainant against the present applicant. Name of the present applicant is not mentioned in the FIR. Other co-accused Shailendra, Manoj, Pradeep and Gaurav have also been enlarged on bail by the order of trial Court. Applicant has no criminal antecedent. He is a permanent resident of District Indore. There is no legal evidence available on record to connect the present applicant with the aforementioned offence. Final conclusion of trial will take considerable long time. Hence, he prays that the applicant be released on anticipatory bail.

In support of his contention counsel for the applicant placed reliance upon the judgment delivered by this Court in the case of Akash Kumar Gupta Vs. State of Madhya Pradesh order dated 05.01.2018 passed in CRR No.307/2017.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 04-05-2023 18:43:48

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.

Learned counsel for objector also opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order passed by the court below.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that some of the co-accused persons have been enlarged on regular bail in this offence, but the case of the present applicant is not similar with them; first anticipatory bail application of co-accused Gaurav was also dismissed by this Court vide order dated 12.04.2023 passed in MCRC No.13746/2023.

In view of the above, this Court is of the considered opinion that this is not a fit case for grant of anticipatory bail, therefore, without commenting on the merits of the case, the first anticipatory bail application preferred under Section 438 of Cr.P.C. is hereby rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 04-05-2023 18:43:48