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2022 DIGILAW 766 (MP)

Sourabh Solanki v. State of Madhya Pradesh

2022-05-11

GURPAL SINGH AHLUWALIA

body2022
JUDGMENT Gurpal Singh ahluwalia, J. - Case diary is available. This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.29/2022 registered at Police Station Narwar, District Shivpuri for offence under Section 306 of IPC. It is submitted by the Counsel for the applicant that according to the prosecution case, the applicant had made a photograph of the deceased viral on his facebook account, as a result she committed suicide. It is submitted that police has seized the photograph and it is not an obscene photo and it appears that the photograph was clicked when the deceased was with the applicant. It is further submitted that the applicant is aged about 20 years and he is a student and his incarceration may put his career in jeopardy. He is ready and willing to cooperate with the investigation. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case. Per contra, application is vehemently opposed by Counsel for State. It is submitted that it is true that in the photograph, the deceased is seen along-with applicant but in a rural background, it is also not acceptable to the society, and thus, it is clear that the applicant had abetted the deceased to commit suicide. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (arresting Officer) on or before 18/05/2022, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by the Investigating 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. It is made clear that in case if the applicant fails to appear before the Investigating Officer (arresting authority) on or before 18/05/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody. P. C. It is made clear that in case if the applicant fails to appear before the Investigating Officer (arresting authority) on or before 18/05/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody. In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant. Certified copy as per rules.