Madhya Pradesh High Court
Fodi @ Krishna Upadhyay vs The State Of Madhya Pradesh on 30 November, 2018
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47742/2018
(Fodi @ Krishna Upadhyay Vs. State of MP)
Gwalior, dated 30.11.2018
Shri Ajay Kumar Dwivedi, learned counsel for the
applicant.
Shri Avnish Singh, learned Public Prosecutor for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail.
Petitioner apprehends his arrest in connection with Crime No. 185/2018 registered at Police Station Dimni, District Morena for the offence punishable under Sections 306,34 of IPC.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
It is alleged that the deceased committed suicide on the instigation of applicant. As per statement recorded under Section 161 of the Cr.P.C., the son of the deceased Somesh Sharma has stated that the accused persons were extorting his father and on 07.09.2018 the accused persons again extorted his father and due to their extortion with his father, he ran away from the house and thereafter his father did not turn up.
It appears from the record that the deceased committed suicide on account of extortion by the applicant.
2Considering the gravity of offence, it is not a fit case to grant the benefit of anticipatory bail to the applicant.
Accordingly, the application is dismissed.
(Rajeev Kumar Shrivastava) Judge vv VALSALA VASUDEVAN 2018.12.01 09:49:01 -08'00'