IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 4^th OF FEBRUARY, 2022 MISC. CRIMINAL CASE No. 3381 of 2022 Between:-

PRADEEP KUMAR JAIN S/O PREMCHAND JAIN , AGED ABOUT 50 YEARS, OCCUPATION: GOVT. TEACHER R/O JAGDISH WARD, P.S. AND TEHSIL GADHAKOTA DISTT. SAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI JUBIN PRASAD, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THGOUGH POLICE STATION GADHAKOTA SAGAR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AKHILENDRA SINGH, GOVERNMENT ADVOCATE)

(BY SHRI T.R.KURMI, ADVOCATE FOR OBJECTOR.

(Heard through Video Conferencing)

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

ORDER

This is the first application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime R.T.No.488/2021 registered at Police Station Gadhakota District Sagar, for the offence punishable under Section 305 of IPC.

Counsel for the applicant submits that as per the contents of FIR lodged in respective crime, no case under Section 305 of IPC is made out against the applicant. He strongly argued that it is a case of committing suicide by a minor girl, who had earlier lodged report against the applicant alleging that somewhere in the month of December, 2018, he being a teacher in the school tried to outrage her modesty and on her complaint offence under Section 354 of IPC was registered, in which the applicant was arrested Signature Not Verified SAN and was also placed under suspension from service, but he was released on bail granted by this Court in M.Cr.C.No.41811/2019. Later on, in the month of December 2020, the said girl committed suicide and in her dying declaration she has narrated that the voice of the applicant always resonated in her ears and it was unbearable for her, therefore, she had committed suicide. It is argued that the deceased was suffering from some mental disorder and was also under treatment for said ailment. While advancing his submission counsel for the applicant urged that none of the ingredient of Section 107 of IPC is available in the prosecution story, therefore, no offence under Section 305 of IPC is made out. He submits that applicant is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for bail. On these grounds, he prays for grant of anticipatory bail.

Per contra, counsel for State has opposed the prayer for grant of bail to the applicant stating that he has rightly been made accused in the alleged crime. He submits that though there is no clear indication of abetment by the present applicant, but compelling circumstances the then existing before the deceased for committing suicide would amount to abetment.

Counsel for objector has supported the submissions made by counsel for State and submitted that the applicant is an influential person of the area and was continuously pressuring the family of the deceased for getting the matter settled, in which he has been made accused. He submits that not only this, but there was a continuous threat from the applicant party for getting the matter compromised and because of said pressure, father of the deceased has committed suicide and thereafter deceased has also done so. He submits that nature of crime does not allow the applicant to be granted benefit of anticipatory bail. He submits that if anticipatory bail is granted to the applicant, a wrong message would go to the society and to teach the lesson that nobody would repeat the crime of this nature in future, the bail application deserves to be dismissed.

Signature Not Verified Considering the rival submissions made by counsel for parties, perusal of case diary and also dying declaration, I am of the opinion that the chain of occurrence as happened in the present case is no doubt shocking and create sympathy towards the complainant's family, but the Court cannot ignore the fact while giving j