Shivnandan vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this first bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.209 of 2025 registered at Police Station Myana, District Guna (M.P.) in relation to the offence punishable under Sections 108, 3(5) of BNS, 2023.

As per the prosecution case, bhabhi of the applicant had committed suicide on 12.6.2025 due to harassment of the applicant and other co-accused persons. On the basis of report the case was registered against the applicant.

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. The applicant is Devar of the deceased. Marriage of the deceased solemnized with the brother of applicant and there is no previous allegation for any harassment against the applicant. Learned counsel further submits that the applicants were not present at the time of incident and at the place of incident. The ingredient of section 45 of BNS is not attracted at all against the applicant. It is further submitted that the applicant is permanent resident of District Guna and there is no likelihood of their absconsion or tampering with the prosecution evidence. Counsel for the applicant has submitted that the co-accused person namely Shantilal Prajapati and others have already been granted bail in M.Cr.C. No.38048 of 2025 vide order dated 28.8.2025 and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on anticipatory bail on the ground of parity also. The applicant undertakes to cooperate in investigation/trial and would not be a source of embarrassment and harassment in any manner to the complainant party side. The applicant is ready to abide by all the terms and condition as imposed by this Court. Under these grounds, learned counsel prayed for anticipatory bail.

Learned counsel for the respondent/State opposed the prayer for grant of anticipatory bail and prayed for dismissal of the application.

Heard the counsel for the parties and perused the case diary.

Considering the above submissions and facts situation of the case and particularly the ground of parity with co-accused,, without expressing any opinion on the merits of the case, this Court intends to allow the application, therefore, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/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 ;

The applicant will cooperate in the investigation/ trial, as the case may be;

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 him from disclosing such facts to the Court or to the Police Officer, as the case may be.

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

The applicant will not seek unnecessary adjournments during the trial;

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

The applicant would not involve in any criminal activity in future otherwise, benefit of bail shall immediately be withdrawn.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.