Madhya Pradesh High Court
Dhaniram Patel vs State Of Mp on 13 October, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
[1]
MCRC-35551-2020
THE HIGH COURT OF MADHYA PRADESH
MCRC-35551-2020
(DHANIRAM PATEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-10-2020
Heard through Video Conferencing.
Mr. Pankaj Tiwari, Advocate for the applicant.
Mr. Jubin Prasad, Panel Lawyer for the respondent/State.
With the consent of the parties, finally heard. This is first bail application filed under Section 438 of Cr.P.C. for grant of anticipatory bail on behalf of the applicant- Dhaniram Patel in connection with Crime No.403/2020, registered at Police Station Gotegaon, District Narsinghpur (M.P.) for offence under Section 304 of IPC.
Learned counsel for the applicant submits that the applicant is a senior citizen, as he is aged about 62 years. He is permanent resident of District Narsinghpur and agriculturist of the local area. The applicant has been falsely implicated. The material, evidence etc., on the strength of which deceased- Santosh Yadav died has already been seized by the prosecution. The applicant is willing to cooperate in the investigation/trial and, therefore, he may be given the benefit of anticipatory bail.
Prayer is formally opposed by learned panel lawyer. I have heard the parties and perused the record. As per the prosecution story, in the agricultural field of the applicant deceased- Santosh Yadav came into contact with barbed wires and died instantaneously. The applicant's house is connected with electricity of the Signature Not Verified SAN Digitally signed by SAIFAN KHAN Date: 2020.10.13 15:53:20 IST [2] MCRC-35551-2020 said wire, because of which deceased died. Hence, offence under Section 304 of IPC is allegedly against the applicant.
Considering the nature of accusation and position of the applicant, in my view there is no likelihood that the applicant will flee from the justice. He has no criminal record. He will cooperate in the investigation and trial. There is no likelihood that the applicant will tamper the material, which has already been seized.
Accordingly, in the event of arrest, applicant- Dhaniram Patel be released on anticipatory bail on his furnishing a personal bond in the sun of Rs.50,000/- (Fifty Thousand Only) alongwith one solvent surety in the like amount to the satisfaction of the arresting officer for his appearance before the Investigating Officer during the course of investigation as and when directed. The conditions enumerated under Section 438(2) of Cr.P.C. shall also be applicable on the applicant during the concurrency of bail. MCRC is allowed.
C.C. as per rules.
(SUJOY PAUL) JUDGE s@if Signature Not Verified SAN Digitally signed by SAIFAN KHAN Date: 2020.10.13 15:53:20 IST