Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Ashish Kumar Patel vs The State Of Madhya Pradesh on 13 January, 2020

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

                                                         1                              MCRC-650-2020
                              The High Court Of Madhya Pradesh
                                         MCRC-650-2020
                                      (ASHISH KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 13-01-2020
                             Shri Chandrapal Singh Parmar, counsel for the applicant.

                             Shri Satyendra Jyotishi, GA for the respondent/State.

Shri Kashi Ram Patel, Advocate for the objector. Heard with the aid of case diary.

This is first application under Section 438 of Cr.P.C.of applicant Ashish Kumar Patel as the applicant apprehends his arrest in connection with Crime No.390/2019 registered at Police Station Pawai, Distt.Panna (M.P.) for the offence punishable under Sections 306, 498-A and 34 of IPC.

As per prosecution case on 11/11/2019 deceased Anjana wife of applicant committed suicide by hanging herself. It is alleged that the applicant demanded money and harassed her and also assaulted her due to which she committed suicide.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence.

Deceased committed suicide after eight years of her marriage, so no offence under Section 306 of the IPC is made out against the applicant. He is a government servant. Applicant is ready to cooperate in the investigation. Under these circumstances, learned counsel for the applicant prays for grant of anticipatory bail.

Learned counsel for the State as well as objector opposed the prayer and submitted that the applicant used to harass the deceased due to which she committed suicide. So, the applicant should not be released on anticipatory bail.

Looking to fact and circumstances of the case and the allegation that the applicant demanded money and harassed the deceased due to which she committed suicide. This Court is not inclined to grant anticipatory bail to the applicant. Hence, this anticipatory bail application is dismissed.

2 MCRC-650-2020 (RAJEEV KUMAR DUBEY) JUDGE m/-