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2024 Supreme(Online)(MP) 7100
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 31st OF MAY, 2024
MISC. CRIMINAL CASE No. 15485 of 2024
BETWEEN:-
1.
PINTU RAIKW
AR S/O SHRI PREETAM RAIKW
AR,
AGED ABOUT 38 YEARS, OCCUPATION: LABOUR
R/O INFRONT OF AMKHERA TALAB INFRONT OF
BASURI NIVASH ADHARTAL JABALPUR (MADHYA
PRADESH)
2.
SMT. ARCHANA RAIKW
AR W/O SHRI PINTU
RAIKW
AR, AGED ABOUT 32 YEARS, OCCUPATION:
HOUSEWIFE R/O INFRONT OF AMKHERA TALAB,
INFRONT
OF
BASURI
NIV
ASH,
ADHARTAL,
JABALPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI PARIMAL CHATURVEDI - ADVOCATE )
AND
THE STATE OF MADHY
A PRADESH THROUGH POLICE
STATION ADHARTAL DISTRICT JABALPUR (MADHY
A
PRADESH)
.....RESPONDENTS
(BY SHRI D.K.PAROUHA - GOVT. ADVOCATE )
This application coming on for admission this day, the court passed the
following:
Parimal Chaturvedi,Advocate General
ORDER
This is the first bail application filed by applicants under Section 438 of Cr.P.C. for grant of anticipatory bail relating to Crime No.411 /2024, registered at Police Station-Adhartal District-Jabalpur (MP) for the offence under Section 306 of IPC.
2. Learned counsel appearing for the applicant submitted that applicants are innocent and have falsely been implicated in the case. It is submitted that there is allegation by prosecution that applicants had kept Rs.1 Lac belonging to the deceased and they were not returning the amount and, therefore, deceased committed suicide. It is submitted that no offence of abetment is made out against applicants. In these circumstances, applicants may be released on anticipatory bail.
3. Learned Government Advocate appearing for the State opposed the anticipatory bail application and submitted that because applicants were not returning the money, therefore, under pressure deceased committed suicide.
4. Heard learned counsel for the parties. 5 . There is no positive act or role on part of applicants to induce deceased for commission of suicide. Non-returning of money may fall in other category of offence.
6. Considering the aforesaid, anticipatory bail application filed by the applicant is allowed. It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
7. Applicant shall abide by the following conditions under Section 438(2) of Cr.P.C:-
- (a) Applicant shall make himself available for interrogation by a Police Officer as and when required;
- (b) he shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;
- (c) he shall not leave India without the previous permission of the Court;
- (d) he shall not commit similar offence, of which, he is accused or suspected.
8. Certified copy as per rules. (VISHAL DHAGAT) JUDGE nd
