IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 8^th OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 38466 of 2022 BETWEEN:-

1. ANIL MEENA S/O SHRI JAGANNATH MEENA, AGED ABOUT 30 YEARS, OCCUPATION:

PRIVATE JOB R/O.-JHUGGI NO. 122 RAHUL NAGAR SHAHPURA BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

2. DAMAN MEENA S/O SHRI JEETMAL MEENA, AGED ABOUT 21 YEARS, OCCUPATION: PRIVATE JOB R/O JHUGGI NO. 124 RAHUL NAGAR SHAHPURA BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI SAURABH SHRIVASTAVA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GANDHI NAGAR DISTRICT BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY MS. ANKITA KHARE, PANEL LAWYER)

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

ORDER

This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.130/2022 registered at Police Station Gandhi Nagar Signature Not Verified SAN District Bhopal, for the offence punishable under Sections 306 and 34 of IPC.

As per prosecution case, applicants and other co-accused persons have beaten the deceased and also prepared a vedio of the said incident, due to which he committed suicide.

Counsel for the applicant submits that the applicant is in jail since

17/06/2022. It is submitted by counsel for the applicant that till the date of suicide, no FIR was lodged against the present applicants for assaulting the deceased. Although the father of the deceased made a complaint that because of the said vedio recording in the mobile the deceased has committed suicide. He further submits that no case under Section 306 of IPC is made out and ingredient of Section 107 of IPC are completely missing in this case. On these grounds, he prays for grant of bail to the applicants.

Per contra, counsel for State has opposed the bail application stating that due to demand of money made by the applicants marpeet took place because of which deceased has committed suicide, therefore, applicants are not entitled to be released on bail.

Considering the overall facts and circumstances of the case, this Court deems it appropriate to grant bail to the applicants. Therefore, without commenting anything on the merits of the case, this application is allowed It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for their appearance on the dates given by it.

It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

Signature Not Verified (SANJAY DWIVEDI)

JUDGE sushma Signature Not Verified