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2020 DIGILAW 1140 (MP)

Vijay Omre v. State Of Madhya Pradesh

2020-10-19

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. 2. This is first application under Section 438 of Cr.P.C. as for grant of anticipatory bail. Applicant Vijay Omre apprehends his arrest in connection with Crime No.389/2019 registered at Police Station Amanganj, District-Panna (M.P.) for the offences punishable under Sections 306/34 of the IPC. 3. As per the prosecution case applicant Vijay Omre, co-accused Sheela Choubey, Ku. Babli @ Anjana, Archana Patel, Krishna Kumar, Sanu Mirza, Sandeep @ Bablu Choubey and Swami Choubey used to harass the deceased Kitte @ Krishna Kumar and lodged false complaint against him, due to which deceased Kitte @ Krishna Kumar Pandey committed suicide, thus applicant and co-accused abetted him to commit suicide. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. It is further submitted that in the dying declaration of deceased Kitte @ Krishna Kumar Pandey recorded by Executive Magistrate, Panna there is no specific allegation against the applicant. Applicant has no criminal past. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail. 5. Learned counsel for the State opposed the prayer and submitted that applicant and co-accused persons harassed the deceased, due to which he committed suicide. So applicant should not be released on anticipatory bail. 6. Looking to the overall facts and circumstances of the case and the fact that in the dying declaration of deceased Kitte @ Krishna Kumar Pandey recorded by Executive Magistrate, Panna there is no specific allegation against the applicant, he has no criminal past, without expressing any view on the merits, this application is allowed. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate 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. 7. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. 7. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 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; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6 . The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be. 8. Certified copy as per rules.