IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL st ON THE 1 OF JUNE, 2023 MISC. CRIMINAL CASE No. 22870 of 2023 BETWEEN:-

PRAVEEN JAIN S/O LATE SHRI NARENDRA KUMAR JAIN, AGED ABOUT 32 YEARS, OCCUPATION: BUSINESS VILLAGE DHARNAVADA PS DHARNAVADA TESHIL AND DISTRICT GUNA (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAJNAMI BANSAL-ADVOCATE )

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION DHARNAVADA DISTRICT GUNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT SHRIVASTAVA- PANEL LAWYER )

This application coming on for admission this day, the court passed the following:

ORDER

This is the First application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

The applicant/accused is apprehending his arrest in connection with Crime No.21/2023 registered at Police Station-Dharnavada District- Guna (M.P.) for the offence punishable under Sections 306, 34 of IPC.

The prosecution story, in short, is that on 22.01.2023 complainant Rajesh Jain lodged a report at Police Station Dharnavada District Guna against present applicant-accused and co-accused Harpal Dhakad, Komal Dhakad and Arvind Jain that he is running a grocery shop. He and his brother were having seven bigha land in village Dharnavada. In 2017 they sold three bigha land to accused Harpal Dhakad. In 2022 they sold remaining four bigha land to accused Arvind Jain and present applicant Praveen Jain. Accused Harpal Dhakad and Komal Dhakad were establishing a patrol pump on the sold to Harpal Dhakad. Accused Arvind Jain and Praveen Jain raised objection that the land on which the work of construction of patrol pump is going on belongs to them resulting into cancellation of construction work of patrol pump. Ever since then, the accused persons are pressurizing the complainant and his son for money and land. On 21.01.2023, after becoming distressed due to their harassment son of the complainant committed suicide by consuming poisonous substance. On the basis of aforesaid, crime was registered against present applicant and other co-

accused.

Learned counsel for the applicant submits that the applicant is innocent.

It is further submitted that in regard to land a civil suit is pending in which stay has been granted in their favour. It is further submitted that the allegations contained in the complaint do not even constitute the ingredients to attract the offence under Section 306 of IPC. He is ready to abide by all the terms and conditions as may be imposed by this Court. Under these submissions, prayer for grant of anticipatory bail is made.

Learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

The applicant shall further abide by all other conditions as enumerated in sub-section (2) of Section 438 of Cr. P. C.

With the aforesaid directions, the present application stands allowed and disposed of Certified copy as per rules.

(DEEPAK KUMAR AGARWAL)

Digitally signed V. JUDGE by YOGENDRA ojha OJHA Date: 2023.06.02