Madhya Pradesh High Court
Niranjan Singh Chouhan vs The State Of Madhya Pradesh on 26 February, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 MCRC-5904-2020
The High Court Of Madhya Pradesh
MCRC-5904-2020
(NIRANJAN SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 26-02-2020
Shri Gaurav Panchal, learned counsel for the applicant.
Shri Amol Shrivastava, learned Public Prosecutor for the
respondent/State.
Heard on the question of grant of bail.
This is an application filed by the applicant under Section 438 Cr.P.C.for grant of anticipatory bail.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced for perusal and it is accordingly perused.
The applicant is apprehending his arrest for an offence punishable under Section 306/34 of IPC registered with Police Station Kshipra, District Indore in Crime No. 94/2019.
Learned counsel for the applicant submits that applicant has been falsely implicated in the matter and that in the FIR itself, it is mentioned that the deceased has disclosed that he will not commit suicide on account of the pressure for not making the payment. He further submits that the main accused are Jay Surya and Abhay Yadav who had given the amount to the deceased and were demanding it back and they have been left out and that so far as the applicant is concerned, the allegation against the applicant is that he has received the amount from the deceased on the assurance of paying interest thereon and he was not refunding it. He further submits that the necessary ingredients of Section 306 of the IPC are not present in the matter and that if the applicant is arrested at this stage, he will suffer serious prejudice.
Learned counsel for the State has opposed the application and has referred to the FIR allegations, as also the diary of the deceased which was seized.
2 MCRC-5904-2020 Having regard to the circumstances pointed out by counsel for the applicant, a case for grant of anticipatory bail is made out.
Accordingly the M.Cr.C. is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No. 94/2019, the applicant
- Niranjan Singh Chouhan be released on bail on furnishing a bail bond of Rs.
35,000/-(Rupees Thirty Five Thousand) with one surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned. He would abide by the conditions mentioned in Section 438(2) Cr.P.C.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA) JUDGE sh SEHAR Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH HASEE INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a3286 0bd3298415a4d1c2d91436213f2568c8f2 7da, serialNumber=e7dbba955b262c04b8413 N 251ce7fb6f0b7dba610c57f1559c08bf6c6 f5dd40d4, cn=SEHAR HASEEN Date: 2020.02.27 16:00:08 +05'30'