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Madhya Pradesh High Court

Manoj Jain vs The State Of Madhya Pradesh on 18 November, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:58668




                                                              1                           MCRC-53074-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                                ON THE 18th OF NOVEMBER, 2025
                                             MISC. CRIMINAL CASE No. 53074 of 2025
                                                        MANOJ JAIN
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Priyank Choubey - Advocate for the applicant.
                                   Shri    Akshay    Namdeo       -   Government     Advocate     for   the
                           respondent/State.

                                                                  ORDER

This is the first application filed by the applicant under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with Crime No.660/2025 registered at Police Station Rehli, District Sagar, for the offence punishable under Section 108 and 3(5) of the Bharatiya Nyaya Sanhita.

2. Learned counsel for the applicant has submitted that as per case of prosecution, the applicant along with other co-accused persons borrowed money from the deceased and were not returning that money and being harassed with that, the victim had committed suicide. As held in the case of M. Arjunan Vs. State (2019) 3 SCC 315 that to constitute the offence of abatement to suicide, intention of the accused to aid or instigate or abate the deceased to commit suicide must be fulfilled. There should be evidence Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 18-11-2025 18:45:24 NEUTRAL CITATION NO. 2025:MPHC-JBP:58668 2 MCRC-53074-2025 capable of suggesting that an accused intended by such act(s) to instigate deceased to commit suicide, unless the ingredient of instigation/abatement to commit suicide are satisfied, accused cannot be convicted under Section 306 of the IPC and has submitted that no ingredients of Section 107 of IPC is fulfilled in this case, hence, the applicant be given the benefit of anticipatory bail. It is submitted that this Court vide order 11.11.2025 passed in M.Cr.C. No.50161 of 2025 (Ankit @ Nikki Nema Vs. The State of Madhya Pradesh) has already enlarged the co-accused person on anticipatory bail. It is submitted that since the case of present applicant is similar to that of Ankit @ Nikki Nema (supra), therefore, he be also enlarged on anticipatory bail.

3. Learned counsel for the State has opposed the bail application and has submitted that the applicant along with other co-accused persons borrowed the money from the deceased and were not returning that money, being harassed with that, victim committed suicide, hence, the applicant is not entitled to be released on anticipatory bail.

4. Heard the parties and perused the case diary.

5. Also gone through the suicide note, in which there is allegation that the applicant along with other co-accused persons had borrowed the money and were not returning the same but there is no allegation that they were threatening or have stated the victim to commit suicide or anyhow abated the deceased to commit suicide, this Court deems it appropriate to enlarge the applicant on anticipatory bail, hence, without commenting anything on the merits of the case, the application is allowed.

6. It is directed that in the event of arrest, the applicant shall be Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 18-11-2025 18:45:24 NEUTRAL CITATION NO. 2025:MPHC-JBP:58668 3 MCRC-53074-2025 enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer/Trial Court for his appearance before the concerned during the course of investigation or during trial, as the case may be.

7. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS.

8. Accordingly, M.Cr.C. stands disposed of.

C.C. as per rules.

(DEVNARAYAN MISHRA) JUDGE VB* Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 18-11-2025 18:45:24