Madhya Pradesh High Court
Ganga Prasad Tiwari vs The State Of Madhya Pradesh on 4 December, 2015
MCRC-19535-2015
(GANGA PRASAD TIWARI Vs THE STATE OF MADHYA PRADESH)
04-12-2015
Shri Ravi Dwivedi, learned counsel for the applicants/accused.
Shri R.S. Shukla, learned P.L. for the respondent/State.
Case diary is available.
This is the first bail application filed by the applicants/accused under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail apprehending their arrest in connection with Crime No. 247/15 registered at P.S. Indwar, Distt. Umaria for the offence punishable under Section 306 r/w 34 of the IPC.
Learned counsel for the applicant/accused submits that there is no evidence against the applicants/accused about their abetting the deceased to commit suicide as the statement of the deceased Ram Manohar Patel was recorded on 27-06-2015 wherein he had made vague allegations against the applicants/accused. On the basis of the said allegations, it cannot be construed that the deceased was abetted by the applicants/accused in any manner to commit suicide therefore the applicants/accused be granted anticipatory bail. Learned P.L. opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application. Heard the arguments of both the parties and perused the case diary. On perusal of the statement of the deceased Ram Manohar Patel which was recorded on 27-06-2015 before his death on 29-06-2015, it transpires that the applicants/accused used to harass and misbehave with the deceased due to political rivalry but no specific allegation has been made against the applicants/accused about their abetting the deceased to commit suicide who committed suicide by burning himself.
Considering the statement of the deceased and the judgment rendered by the Hon'ble Apex Court in the case of Sanju @ Sanjay vs State of M.P. 2002 (5) SCC 371, this Court deems it fit to grant anticipatory bail to the applicants/accused. Therefore, allowing this application, it is ordered that the applicants/accused shall appear before the concerned Police Station within 15 days from today if they are arrested by the Investigating Officer, they be released on bail on furnishing bail bond and surety bond each for a sum of Rs.25,000/- (Rupees Twenty five thousand only). If they fail to do so, the effect of this order shall be vacated automatically.
The applicants/accused are directed to join the investigation immediately and fully co-operate with the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(M.K. MUDGAL) JUDGE