Jagat Yadav vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first bail application under Section 438 of CrPC for grant of anticipatory bail as applicant Jagat Yadav apprehends his arrest in connection with

Crime No. 1041/2020, registered at P.S. Damoh Dehat, Distt. Damoh (MP) under Section 323 and 306 of IPC.

As per prosecution case, on 5/10/2020 deceased Pooran committed suicide by hanging himself. It is alleged that the applicant used to harass the

deceased and on 5/10/2020, applicant slapped the deceased in front of many people, due to which deceased committed suicide.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. There is no evidence on

record to show that the applicant used to harass the deceased. Only on the basis that the applicant slapped the deceased on 5/10/2020, it cannot be

said that the applicant abetted the deceased to commit suicide. The applicant may be the cause of suicide, but not the abettor. Applicant is ready to

cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory

bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and contention of learned counsel of the applicant without commenting on the merits of the case,

the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he be appearance

before the Police during the investigation or before the Court during trial.

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;

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 the complainant or any other 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 an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.