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2022 DIGILAW 484 (MP)

Lokesh v. State of Madhya Pradesh

2022-03-25

RAJENDRA KUMAR VERMA

body2022
JUDGMENT Rajendra Kumar Verma, J. - This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. T h e applicant is apprehending his arrest in connection with Crime No.506/2021 registered at Police Station Maingaon District Khargone for the offences punishable under Section 306 of IPC. as per prosecution story, the allegation against the applicant is that due to the harassment and disputed approach of the applicant, the wife of the applicant committed suicide. accordingly, the applicant has been implicated in the case. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid crime. The whole prosecution story is suspicious as the applicant himself has constructed the house over the said plot and for the construction he had obtained a loan of Rs.1,00,000/- from M.P.Gramin Kshetriya Bank and a subsidy of Rs.2,50,000/- was also deposited in his account which was utilized by him in constructing house over the said plot. It is further submitted that the wife of the applicant was in illicit relationship with some other person and she used to chat with that person on his mobile number 8982825722 and the copies of the chat are available on record which indicates that she was in illicit relationship. at the time of incident the applicant was not present on the spot. It is further submitted that the mother of the deceased was present at the time of incident in the house and after 14 days of the incident, the mother of the deceased has levelled allegations against the applicant. On these grounds, the applicant may be enlarged on anticipatory bail. Learned Government advocate on the other hand has vehemently opposed the bail application. However, keeping in view the facts and circumstances of the case, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application for bail under Section 438 of the Cr.P.C. filed on behalf of the applicant is allowed. Learned Government advocate on the other hand has vehemently opposed the bail application. However, keeping in view the facts and circumstances of the case, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application for bail under Section 438 of the Cr.P.C. filed on behalf of the applicant is allowed. It is directed that in the event of his arrest, the applicant be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the same amount to the satisfaction of the arresting Officer and for complying with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C. The applicant shall appear before the concerned Investigating Officer as and when required and shall cooperate in the investigation of the matter. C.C. as per rules.