IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV ON THE 2^nd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 35725 of 2022 Between:-

RAGHAV SHARMA S/O MAHENDRA SHARMA, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR NARAYAN COLONY ARON PS ARON (MADHYA PRADESH)

.....PETITIONER (SHRI VINOD PATHAK - LEARNED COUNSEL FOR THE PETITIONER .

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION P.S. ARON (MADHYA PRADESH)

.....RESPONDENTS (SHRI PURUSHOTTAM TANWAR - PANEL LAWYER FOR THE RESPONDENT - STATE)

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

ORDER

In compliance of order dated 17/08/2022, State counsel has verified the medical documents submitted by the applicant and submitted its report vide document No. 7235/2022 dated 29/08/2022.

The applicant has filed this First application u/S 438, Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with crime No.

Signature Not Verified Signed by: SANJAY NAMDEORAO D2U9R1GE/2KA0R22 registered at Police Station Aron, District Guna for the offence punishable under Section 306 & 34 of IPC.

Allegations against the present applicant / accused, in short, are that the deceased Radha wanted to marry him. However, father of the applicant /co- accused demanded Rs. 20 Lakhs from the deceased for their marriage and the applicant supported his father. The deceased committed suicide on 06/06/2022 leaving behind a suicide note alleging therein the above facts.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that applicant met with an accident on 27/04/2022 and on account of which, he was admitted in the Meenakshi and Bansal hospital, Bhopal from 06/06/2022 to 07/06/2022, which is evident from the medical documents of the hospital. Thereafter, he stayed in Bhopal and got his dressing done on 08 & 09/06/2022. He further argued that there is nothing on record to show that he instigated the deceased to commit suicide. Even if the prosecution story is believed to be true, the refusal of the marriage on account of demand of money by the father of the applicant does not come within the purview of instigation. The applicant has no criminal antecedents. The applicant is permanent resident of District Guna. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of anticipatory bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Signature Not Verified Considering the overall facts and circumstances of the case, but without Signed by: SANJAY

09:47:15 AM expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 50,000-/-(Rupees Fifty Thousand only) with two solvent surities to the satisfaction of Arresting Authority for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically witho