Madhya Pradesh High Court
Rabendra Kumar Pandey vs The State Of Madhya Pradesh on 30 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:4697
1 MCRC-4408-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 30 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 4408 of 2025
RABENDRA KUMAR PANDEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Krishna Pratap Singh - Advocate for the applicants.
Shri B.K. Upadhyay - Government Advocate for the respondent/State.
ORDER
This is the first application filed by the applicants under Section 482 of
Bhartiya Nagrik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973 seeking
anticipatory bail in connection with Crime No.34/2025 for the offence punishable
under Sections 306 r/w 34 of IPC registered at Police Station- Waidhan, District -
Singrauli (M.P.).
2. Learned counsel for applicants has submitted that the applicants has
falsely been implicated in the case. The deceased Shivraj Singh was working as
daily rated employee/clerk in Jila Vanopaj Sahkari Sangh, Waidhan and due to his
misconduct he was terminated from service. Rajni Gupta has made a complaint
and a criminal case against the deceased was registered in Police Station-
Waidhan, Singrauli as a Crime No.30/2024 on the allegation that the deceased on
07.02.2024 abused her and on the next day on 08.02.2024 threatened her out of the
office and on 09.02.2024, he put an axe on the table of the office and started
consuming alcohol and threatened the victim.
3. Learned counsel for applicants has submitted that a committee inquired
NEUTRAL CITATION NO. 2025:MPHC-JBP:4697
2 MCRC-4408-2025
the matter and deceased was found to be guilty and on that basis he was removed
from the service. It is alleged that after that the deceased along with his wife has
committed suicide on 01.03.2024 and a suicide note was found from his house and
on that basis the police registered criminal case against the employees of the Forest
Department including the applicants who are applicant No.1-Rabendra Kumar
Pandey is working as In-charge Steno and applicant No.2- Smt. Meera Mishra is
working as Computer Operator and on that basis applicants were implicated for the
offence punishable under Sections 306 r/w 34 of IPC.
4. Learned counsel for applicants has further submitted that they have not
abated the deceased to commit suicide and no ingredients of Section 107 of IPC
are found in the case. He has relied on the judgment of Hon'ble Apex Court in
Cr.A.No.706/2017 dated 21.01.2025 particularly Para-13, in which Hon'ble Apex
Court has held that if all the evidence is taken on record and there is no iota of
evidence against the appellant and the act is too remote and indirect to constitute
the offence under Section 306 of IPC. There is no allegation against the appellant
of a nature that the deceased was left with no alternative but to commit the
unfortunate act of committing suicide and on that basis has argued that the
applicants have never instigated, conspired or aided the victim to commit suicide.
Hence, the applicants be given the benefit of anticipatory bail.
5. Learned counsel for the State opposed the bail application and submitted
that the basic case is against Rajni Gupta but the involvement of applicants cannot
be denied. Hence, the applicants are not entitled to be released on anticipatory
bail.
6. Heard the parties and perused the documents produced by the applicants.
7. I have also gone through the contents of Crime No.30/2025 (Annexure-5),
FIR of Crime No.34/2024 registered at Police Station - Singrauli and report of
NEUTRAL CITATION NO. 2025:MPHC-JBP:4697
3 MCRC-4408-2025
Managing Director, Forest Division, Singrauli. Therefore, the applicants are
entitled for the benefit of anticipatory bail. Hence, the application for anticipatory
bail is allowed.
8. It is directed that in the event of arrest the applicant No.1 - Rabendra
Kumar Pandey and applicant No.2- Meera Mishra shall be enlarged on bail on
furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only)
each with one surety each in the like amount to the satisfaction of the Arresting
Officer/ Court for their appearance before him during the course of investigation
or before the trial Court concerned during trial, as the case may be.
9. The applicant shall cooperate in the investigation and after charge-sheet
is submitted shall also cooperate in the trial
10. It is further directed that the applicant shall abide by all the conditions as
enumerated under Section 482(2) of BNSS.
11. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
VB*
