Madhya Pradesh High Court
Jagdish Prasad Dubey vs The State Of Madhya Pradesh on 29 January, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 29 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 3794 of 2025
JAGDISH PRASAD DUBEY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anil Kumar Shukla - learned counsel for the applicant.
Shri Bhanu Pratap Singh Chauhan - learned Public Prosecutor for the
respondent/State.
Ms. Sugam Gupta, learned counsel for the respondent/complainant.
ORDER
This first application has been filed by the applicant under Section 482 of
BNNSS (Section 438 of Cr.P.C.) for grant of anticipatory bail to the applicant,
who is apprehending his arrest in connection with Crime No.3/2025 registered at
Police Station Kotwali, District Shivpuri for offence punishable under Section
306, 34 of I.P.C.
2. As per prosecution case, present applicant has harassed the deceased- Ganesh
for return of the money lent by him due to which he committed suicide.
3. Learned counsel for the applicant submits that the applicant is innocent and
has been falsely implicated in this case. The case is based on the basis of demand
of amount advanced by the present applicant and other co-accused person to the
deceased. They demanded money from deceased; therefore, he committed suicide.
There are catena of judgments passed by the Supreme Court and other Courts in
this regard that such demand of money does not fall under the purview of
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instigation or abetnment as defined under Section 107 of I.P.C. and punishable
under Section 306 of I.P.C. He has no criminal history. He is ready and willing to
abide by any condition which may be imposed by the Court. The conclusion of
trial will take time. On these grounds, learned counsel for the applicant prays for
grant of anticipatory bail to the applicant.
4. Per contra , learned counsel for the respondent/State opposed the application
and prayed for its rejection.
5. Heard learned counsel for the parties and perused the record.
6. Considering the submissions made by learned counsel for the parties and the
facts and circumstances of the case, but without expressing any opinion on merits
of the case, this application is allowed and it is directed that in case, if the
applicant appears before the Investigating Officer/trial Court within fifteen days
from today and furnishes personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac) with one surety in the like amount to the satisfaction of the concerned
Investigating Officer/trial Court, then she shall be released on anticipatory bail.
It is made clear that in case if applicant fails to appear before the
Investigating Officer/trial Court within the fifteen days from today, then this order
shall automatically stand cancelled.
7. The applicant shall further abide by following conditions :-
(i) Applicant shall make herself available for investigation as may be directed
by the officer, in-charge of investigation;
(ii) Applicant shall not commit or get involved in any offence of similar
nature;
(iii) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(iv) Applicant shall not directly or indirectly attempt to tamper with the
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evidence or allure, pressurize or threaten the witness;
(v) Upon submission of final report under Section 173 of Cr.P.C/ 193 of
Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant shall furnish fresh personal
bond and solvent surety of aforementioned amount to the satisfaction of the Trial
Court, if so directed and thereafter, shall remain present on every date of hearing
as may be directed by the concerned Court;
(vi) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C/ 346 of Bhartiya Nagrik Suraksha Sanhita, 2023, regarding
examination of witnesses in attendance.
8. This order shall be effective till the end of trial. However, in case of breach of
any of the precondition of bail, the Trial Court may consider on merit cancellation
of bail without any impediment of this order.
9. The Trial Court shall get these 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.
C.C. as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
Ahmad
