Madhya Pradesh High Court
Ramu Garg @ Rahul Garg vs The State Of Madhya Pradesh on 5 August, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:16594
1 MCRC-34214-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 5 th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 34214 of 2025
RAMU GARG @ RAHUL GARG
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vibhor Kumar Sahu - Advocate for the applicant.
Shri Harish Sharma - Dy. Govt. Advocate for the State.
ORDER
Case diary is perused.
The present application has been filed under Section 482 of Bhartiya
Nagrik Suraksha Sanhita Adhiniyam, 2023/438 of the CrPC for grant of
anticipatory bail to the applicant, who is apprehending his arrest in
connection with Crime No.228 of 2024 registered at Police Station- Gormi,
District- Bhind (M.P.) in relation to the offence punishable under Section
306 and 34 of IPC.
As per prosecution case, the deceased Aniruddh Singh committed
suicide by hanging himself on account of not returning the amount of Rs.28
lacs to him by the applicant and co-accused. Deceased has left the suicide
note wherein he has stated that since the applicant and his brother are not
returning him Rs.28 Lacs and are avoiding repayment of the same for last six
days, he had got frustrated and is committing suicide. Allegedly, he has held
NEUTRAL CITATION NO. 2025:MPHC-GWL:16594
2 MCRC-34214-2025
the applicant and co-accused the responsible for his committing suicide. On
the basis of such allegation, a crime was registered against the applicant for
the offences as indicated above.
Learned counsel for the applicant has argued that the applicant has
been falsely implicated in the matter and he has no criminal antecedents. It is
further argued that even though the allegation made in the suicide note is
accepted, the same would not constitute the offence under Section 306 of
IPC.
While placing reliance on the judgment passed by this Court in the
case of Premchand Vs. State of M.P. & others passed in CRR No.56/2024,
decided on on 25/07/2024, it is argued that in the similar circumstances, this
Court had set side the order of the trial Court framing charge under Section
306 of IPC. He further submits that for constituting the offence under
Section 306 of IPC, it is necessary to establish that intention of the applicant
to deny money back was for instigating the deceased to commit suicide. He
further submits that that there is no material available with prosecution to
show that the applicant was liable to return the amount of Rs.28 lacs,
however, even if the same is accepted as true, there is no act on the part of
the applicant which is sufficient to hold that the applicant instigated the
deceased for committing suicide. Non-returning the amount would not
constitute the offence under Section 306 of IPC. The applicant has never
instigated the deceased to commit suicide. It is further argued that the
investigation is almost complete and custodial interrogation of the applicant
is not required. The applicant undertakes to cooperate with the investigation
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3 MCRC-34214-2025
and abide by any condition imposed by the Court. On these grounds, the
present applicant may be allowed the benefit of anticipatory bail.
Per contra, learned Public Prosecutor for the State opposed the
application and prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for grant of
anticipatory bail is made out.
Considering the facts and circumstances of the case, nature of
allegations, the stage of investigation, absence of any prior criminal record
against the applicant, and no custodial interrogation appears to be necessary
at this stage, without commenting on the merits of the case, this Court is of
the view that the applicant is entitled for grant of anticipatory bail.
Accordingly, the present anticipatory bail application is allowed. It is hereby
directed that in the event of arrest, the applicant shall be released on bail on
each of them furnishing personal bond of Rs.50,000/- (Rupees Fifty
thousand Only) with one solvent surety of the like amount to the satisfaction
of the Arresting Authority/trial Court. The applicant shall abide by the
conditions enumerated under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
Application stands disposed of.
Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
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