Manish Lodhi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 438 of Cr.P.C for grant of anticipatory bail to the applicant as he is apprehending his arrest in connection with Crime No.430/2023 registered at Police Station Pichhore, District Shivpuri for the offence punishable under Sections 306, 34 of IPC.

Prosecution case, in brief, is that applicant is the Director of Rani Awantibai Public School, Pichhore, District Shivpuri where the deceased was working as teacher. About three months prior to the incident, a minor student aged about 11 years years lodged an FIR against the deceased for the offences punishable under Sections 323, 506 of IPC, under Sections 9M, 10 of the POCSO Act and under Section 3(2)(va) of SC/ST Act along with other offences. Thereafter, the applicant along with father of the aforesaid minor student harassed the deceased, due to which on 6.7.2023, he committed suicide by hanging.

Learned counsel for the applicant submits that the applicant has been implicated in the matter only on the basis of suicide note dated 5.7.2023 said to be written by the deceased wherein vague allegations have been made against the applicant. Father of the minor student as well as the minor student lodged the FIR being Crime No.153/2023 registered at Police Station Pichhore, District Shivpuri about sexual assault against the deceased. After registration of the aforesaid FIR lodged by the minor student, disciplinary action was initiated against the deceased and Sanchalan Samiti vide resolution dated 7.4.2023 terminated the services of the deceased. Till his termination, his salary was deposited in his account. It has not been brought on record as to how the applicant was harassing the deceased, therefore only on the basis of vague allegations alleged against the applicant in the said suicide note, offence under Section 306 of IPC is not made out. He is ready to co-operate in the investigation, therefore, he be enlarged on anticipatory bail.

Learned counsel for the respondent/State has opposed the prayer and submits that the report of handwriting expert with regard to suicide note written by the deceased is still awaited. Applicant along with other co-accused persons harassed the deceased due to which he committed suicide. Offences alleged against the applicant are of serious in nature, therefore, he is not entitled for bail.

Heard the learned counsel for the parties and perused the record.

7 . Having considered the rival submission, material pointed out by learned counsel for the applicant, nature of allegations alleged against the applicant, contents of the suicide note said to be written by the deceased so also over all material produced on record, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on anticipatory bail, hence, the application is allowed.

7.1. It is directed that in the event of arrest of the applicant, he shall be released on bail upon furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

7.2 It is further directed that the applicant shall cooperate in the investigation and shall make himself available before the Investigating Agency as and when required by it. If he fails to appear before the Investigating Agency as and when required, then the prosecution shall be at liberty to move an application for cancellation of his bail.

M.Cr.C. stands allowed and disposed of, accordingly. Certified copy as per rules.