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Madhya Pradesh High Court

Prvendra Singh vs The State Of Madhya Pradesh on 13 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 13 th OF MAY, 2024
                                        MISC. CRIMINAL CASE No. 18108 of 2024

                          BETWEEN:-
                          PRVENDRA SINGH S/O KRISHANPAL SINGH, AGED
                          ABOUT 29 YEARS, OCCUPATION: LABOUR VILLAGE
                          BIRORA KHET, POLICE STATION - PRATHVIPUR,
                          DISTRICT - NIWARI,(MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI SHASHANK UPADHYAY - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION - PRATHVIPUR, DISTRICT - NIWARI, (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI AJEET RAWAT - GOVT. ADVOCATE )

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

1 . This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in Crime No.291/2024 registered at Police Station - Prathvipur, District - Niwari for offence under Sections 498-A, 306, 34 of IPC

2. Applicant is apprehending his arrest on the basis of registration of offence as referred above. It is the submission of learned counsel for the applicant that he is brother-in-law (nsoj) of deceased. Marriage between co-

accused Gajendra Parmar and deceased solemnized in the year 2016 and as Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/14/2024 12:37:52 PM 2 submitted, due to some minor domestic dispute, she committed suicide. So far as present applicant is concerned, no element of abetment exists. Only allegation attributable over applicant is beating the deceased once for money. Nothing less nothing more. Applicant does not bear any criminal record. Confinement would bring social disrepute and personal inconvenience to him. Under these grounds, he prayed for bail.

3. Learned counsel for the respondent/State opposed the prayer and fairly submits that no criminal record exists against the applicant.

4 . Heard learned counsel for the parties at length and perused the case diary.

5. Considering the submissions advanced by the learned counsel for the applicant and the facts and circumstances of the case, this Court intends to allow this anticipatory application. The application i s allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court.

6. This order will remain operative subject to compliance of the following conditions by the applicant:-

(i). The applicant will comply with all the terms and conditions of the bond executed by him;
(ii). The applicant will cooperate in the investigation/ trial, as the case may be;
(iii). The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/14/2024 12:37:52 PM 3 as the case may be.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused;
(v). The applicant will not seek unnecessary adjournments during the trial;
(vi). The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
(vii). The applicant shall mark his presence on every Sunday before the police station concerned between 10:00 am to 2:00 pm, till filing of charge-sheet.

8. Application stands allowed and disposed of.

9. Copy of this order be sent to the trial Court concerned for compliance.

10. Certified copy as per rules.

(ANAND PATHAK) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/14/2024 12:37:52 PM