Madhya Pradesh High Court
Roop Singh vs The State Of Madhya Pradesh on 18 February, 2025
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1 MCRC-5299-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 18th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 5299 of 2025
ROOP SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shantanu Sharma, learned counsel for the applicant.
Shri Ananad Bhatt, learned Public Prosecutor for the respondent/State.
Shri Abhishek Panchal, learned counsel for the respondent [OBJ].
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by the applicant Roop Singh for grant of regular bail, who has been arrested
on 23.12.2024 in connection with Crime No.538/2024 registered at Police
Station -Betma Dist. Indore (M.P.) for commission of offences under Section
108 of Bharatiya Nyaya Sanhita, 2023.
2. As per prosecution case, applicant Roop Singh has entered into the
transaction with the deceased namely Rajendra and he was pressurised to
refund the money of Rs.16 lacs, therefore, the deceased committed suicide
by consuming some poisonous substance. On these allegations, the FIR was
registered under Crime No.538/2024 under Section 108 of BNS, 2023.
3. Learned counsel for the applicant submits that the ingredients for
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attracting the offence under Section 306 of IPC was not made out and he has
been falsely implicated in the case. Even if he was asking for refund of any
money, even then it does not attract the offence under Section 306 of IPC.
He has referred para-7 & 8 of the judgment passed by the Apex Court in the
case of Rohini Sudarshan Gangurde vs. State of Maharashtra in SLP (Crl.)
No.13246 of 2023. He has further referred para-2 of the order passed by the
Coordinate Bench of this Court in the case of Akbar vs. State of MP & Anr.
(MCRC No.24350/2023). He further submits that co-accused Rohit Nagar
has been enlarged on bail by this Court vide order dated 17.01.2025 passed
in MCRC No.1747/2025. The applicant is innocent and has falsely been
implicated in the crime. There is no sufficient evidence available on record to
establish the complicity of the accused with the alleged crime. Investigation
is complete and charge sheet has been filed. No custodial interrogation is
required. There is no likelihood of his absconsion leaving his family, home
and profession and also there is no likelihood of tampering with evidence by
applicant. Final conclusion of the trial will take considerable long time,
therefore, learned counsel prays for allowing the bail application and for
grant of bail.
4. Per contra, learned counsel for the Objector has opposed the prayer
on the ground that the applicant has been pressurised for refund of money
which resulted into commission of suicide.
5. Learned counsel for the State has also opposed the prayer referring
the statement of witness Sonali and independent witnesses Ramkrishna and
Manoj. He submits that the applicant has criminal antecedents, therefore,
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prays for dismissal of the bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop, investigation is completed and
looking to the fact that the criminal antecedents are not such that have any
bearing in this case, this Court is inclined to grant benefit of bail to the
applicant. Accordingly, without commenting on the merits of the case, the
bail application is allowed.
7. It is directed that the applicant be released on bail upon his
furnishing 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 his regular appearance before the concerned Court on all the
dates fixed by the said Court, without any default, during trial. He shall abide
by all the conditions enumerated under Section 480(3) of BNSS.
8. The applicant will not indulge himself in any criminal activity in
future. This order shall be effective till the end of the trial, however, in case
of bail jump and / or breach of any of the conditions of bail, this order will
come to an end and applicant will be liable to be arrested by the concerned
authorities.
9. The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
10. Accordingly, this M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.
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(BINOD KUMAR DWIVEDI)
JUDGE
soumya
