Raj Kumar Trivedi vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends arrest in

connection with Crime No.502/2021 registered at Police Station- Bag Sevaniya, District- Bhopal for the offence punishable under Section 306 read

with Section 34 of the Indian Penal Code.

As per prosecution case, on 12.03.2021 Sunita Pathak (since deceased) committed suicide by hanging herself. It is alleged that the applicant-Rajkumar

Trivedi, his wife Ms. Ritu Trivedi and their son- Anant Trivedi came to the house of the deceased and a hot talk had taken place there between Ritu

Trivedi and Sunita Pathak (since dead) as a consequence thereof, Sunita Pathak committed suicide.

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the crime in question. It is also

contended that if the allegation is presumed to be correct, even then offence under Section 306 of the Indian Penal Code is not made as ingredients

are completely missing. The main allegation is against Ritu Trivedi who has already been granted anticipatory bail vide order dated 30.07.2021 passed

by a Coordinate Bench of this Court in M.Cr.C. No.37194/2021. It is further contended that the applicant is a government employee working as TC in

Indian Railway. Hence, it is prayed that the applicant be granted anticipatory bail.

On the other hand, learned Government Advocate has strongly opposed the prayer for grant of bail.

Heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case as well as as well as keeping in

view the principle of parity, without commenting on the merits of the case, this application is allowed. It is directed that in the event of arrest Applicant

- Raj Kumar Trivedi shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one

solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for his regular appearance before the Police during

the investigation or before the Court during trial, as the case may be. The applicant shall abide by the conditions enumerated under Section 438(2) of

Cr.P.C. The applicant shall appear before the Investigating Officer as and when he is so directed and cooperate in the investigation and he shall also

appear before the trial Court regularly as and when directed.

Accordingly, the M.Cr.C. stands allowed and disposed of.