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Madhya Pradesh High Court · body

2015 DIGILAW 691 (MP)

Ram Singh Negi v. State of M. P.

2015-07-06

S.K.PALO

body2015
ORDER 1. Considered I.A.No.5680 of 2015 an application for amendment in the application to the effect to replacing word “Guna” by the word “Ashoknagar” in the array of parties and in the particulars of crime. 2. Considering the same that it is a typographical error, I.A is allowed and counsel for the applicant is permitted to carry out necessary correction in the memo of application today on board. 3. Heard. 4. This is the first application for anticipatory bail under section 438 of CrPC. 5. The applicant apprehends his arrest in connection with Crime No.221 of 2015 registered at PS Isagarh District Ashoknagar M.P. for the offence punishable under section 306 of IPC. 6. It is alleged that Mukesh Sharma had obtained certain loan from the applicant. Because of the threats and constant harassment by the applicant, deceased Mukesh Sharma committed suicide. On the report of Uma Shankar, the brother of the deceased, crime has been registered. It is alleged that the applicant had gone to the house of the deceased for demanding money and he also threatened him to kill. 7. On behalf of the applicant, it is submitted that the deceased allegedly died on 8.5.2015. Information was given on 10.5.2015 and the crime was registered on 27.5.2015. It is further claimed that no evidence has been produced in the investigation as regarding abetment for instigation to the deceased for committing suicide. Co-accused Sushil Asthana has already been released on bail by this Court in Miscellaneous Criminal Case No.5822 of 2015 vide order dated 2.7.2015 and case of the applicant is similar to that of co-accused. Hence, he may also be granted same benefit by granting bail. 8. Counsel for the applicant also relied on Gangula Mohan Reddy v. State of A.P [(2010)1 SCC (cri) 917], and also Vivek Kumar Jain and another v. state of M.P. and another [2015(1) MPHT 75]. 9. Learned PP for the State has opposed the application on the ground that the constant harassment by the applicant and threatening him to his life amounts to such instigation which caused the deceased to take such a drastic step. 10. Considered. 11. Investigation is yet to be complete, yet at this juncture it would be appropriate to say that the action of the accused was to demand his money which was borrowed from him. 10. Considered. 11. Investigation is yet to be complete, yet at this juncture it would be appropriate to say that the action of the accused was to demand his money which was borrowed from him. Instigation and abetment to commit suicide involves a mental process and intentionally aiding the person to do the thing. The act on the part of the applicant to instigate for committing suicide is yet to be brought into the record. 12. Without expressing any opinion in this regard and considering the ground of parity, I am of the view that it is a fit case for grant of anticipatory bail. Accordingly, application under section 438 of CrPC is allowed. 13. It is directed that if applicant makes himself present before the Arresting Officer within 10 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.1,00,000/- (Rs. One lac only) with one surety in the like amount to the satisfaction of Arresting Officer. 14. The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub section (2) of section 438 of CrPC. 15. In view of the ratio laid down by Hon’ble apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and others [JT 2010 (13) SC 247], this order shall remain in force till the end of the trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after the filing of challan.