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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Divyansh Singh Thakur – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application and arguments. (Para 1 , 2 , 3) |
| 2. analysis of evidentiary material and reasoning. (Para 4 , 5) |
| 3. decision on anticipatory bail and conditions. (Para 6 , 7) |
ORDER :
SANJAY DWIVEDI, J.
1. This is the first application filed by the applicant under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with Crime No.05/2025 registered at Police Station Ratibad, District Bhopal, for the offence punishable under Section 107 of the BNS .
2. Learned counsel for the applicant has submitted that allegations made in the FIR and material collected by the prosecution during the course of investigation are not sufficient to constitute an offence of abetment against the applicant. He has submitted that as per case of prosecution, some money from the dashboard of applicant's car got stolen, for which, he had shown suspicion over the deceased who had opened the car for taking some of his belongings and asked him to return the money and under pressure, he committed suicide and as such, offence got registered. He has submitted that even otherwise no prima facie case of abetment is made out against the applicant. He
The absence of prima facie evidence of intention to abet suicide negates culpability, regardless of emotional pressures involved.
For constitution of offence of abetment to commit suicide, " instigation" need not be expressed in so many words.
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