M.Cr.C. No.8133/2010
31.08.2010
Shri Prakash Upadhyaya, Advocate for the
applicant.
Shri R.N.Yadav, Panel Lawyer for the
respondent/State.
Heard both the parties.
Case diary of Complaint/Crime No.113/2010
registered at Police Station Semariya District
Rewa for the offence under Section 306 of IPC is
perused.
The applicant is apprehending his arrest in
the aforesaid crime.
Learned counsel for the applicant submits
that the deceased was not the relative to the
applicant and, therefore, presumption under
Section 113-A of the Evidence Act is not available
to the prosecution. It is alleged that the applicant
did not provide medicine to the deceased and,
therefore, she committed suicide. The overt-act of
the applicant does not come under the purview of
ingredients of Section 107 of IPC and, therefore,
no offence under Section 306 of IPC is made out
against the applicant. The applicant is a reputed
citizen of the locality, who has no criminal past
alleged against him. The police is unnecessarily
harassing him, therefore he prays for anticipatory
bail.
Learned Panel Lawyer for the State opposes
the application.
Keeping in view the submissions made by
learned counsel for the parties and the facts and
circumstances of the case, I am of the view that
this is a fit case for grant anticipatory bail to the
applicant. Consequently, this application under
Section 438, Cr.P.C. is hereby allowed. It is
directed that in the event of arrest, applicant
Nagbhusan Tiwari shall be released on bail on
furnishing a personal bond in the sum of
Rs.30,000/- (Rupees thirty thousand) with a solvent
surety in the like amount to the satisfaction of the
Arresting Authority.
The applicant shall further abide by the
conditions enumerated in sub-Section (2) of
Section 438 of Cr.P.C.
This order shall remain in force for a period of
30 days and in the meanwhile, if the applicant so
desires, may move an application for regular bail
before the competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari.