Shailu @ Shailendra vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I. A. No.8270/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.35/2021 registered at Police Station Maharajpura, District Gwalior (M.P.) in relation to the offence punishable under Sections 306, 34 of IPC.

It is submitted by learned counsel for the applicant- Shailu @ Shailendra that the applicant has not committed any offence. He has falsely been implicated in this case. It is further submitted that the loan amount was directed to be deposited, on account of that, the deceased committed suicide. As there was no instigation on the part of the present applicant to commit suicide, therefore no case is made out under Section 306 of IPC against the present applicant. It is further submitted that co-accused Rajkumar @ Raju has already been granted bail by this Court vide order dated 8/3/2021 passed in M.Cr.C. No.8851/2021. Hence, learned counsel seeks parity and prays for grant of anticipatory bail to the applicant.

Learned State counsel has opposed the application and has submitted that the offence is registered under Sections 306, 34 of IPC and as per prosecution evidence, there is specific allegation against the present applicant of instigation to commit suicide. Hence, prayed to reject the anticipatory bail application of the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case-diary.

Considering the arguments advanced by the learned counsel for the applicant, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

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

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

2 . The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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

The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

This anticipatory bail application stands disposed of in above terms.

E-copy of this order be sent to the Court concerned for information.

Certified copy/ e-copy as per rules/directions.