Malal vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first application filed under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 438 of Criminal Procedure Code, 1973) for grant of anticipatory bail, as he/she is apprehending his/her arrest in connection with Crime No.17/2026 registered at Police Station Thandla, District Jhabua (MP) for offence punishable under Sections 108 & 3(5) of Bhartiya Nyay Sanhita, 2023.

Allegations against the applicant is of abetment of suicide by one Mirabai, who happens to be the daughter-in-law of his sister.

Counsel for the applicant has submitted that the applicant is 55 years old and has been falsely implicated in the case, and only omnibus allegations have been leveled against him as he happens to be the brother of the mother-in-law of the deceased. It is further submitted that in case of his arrest, irreparable injuries shall be occasioned to the applicant. Hence, it is submitted that the application be allowed and the applicant be released on anticipatory bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for anticipatory bail is made out as against the applicant there are three criminal antecedents against the applicant.

In rebuttal, all three cases registered against the applicant were minor in nature out of which two cases he has already been acquitted and only one case under section 296,115(2) and 351(2) of the BNS is pending against the applicant.

On due consideration of the rival submissions and perusal of the case diary, and considering the fact that the applicant is not directly involved in the case, this Court is of the considered opinion that under the facts and circumstances of the case, the custodial interrogation of the applicant is not necessary in the present case. In view of the same, the applicant has made out a case for the grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his/her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. He/she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, who shall decide the same, in accordance with law.

M.Cr.C. stands allowed.

Certified copy as per rules.