JITENDRA LAKHOTIA Vs. STATE OF MP

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) These are the first bail applications under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicants are apprehending their arrest in connection with Crime No.921/2020 registered at Police Station- Chandan Nagar, Indore for the offence punishable under Section 306/34 of IPC.

(3.) It is common ground taken by applicants Jitendra Lakhotia and Harikrishna Jakhetia that they have been falsely implicated. Shri Bagadia submits that as per prosecution story, the money was given by applicants to Anees through the deceased. It is strenuously contended that if this story is correct, the whole endeavour of applicants would have been to see that Gopal Mandhnia (deceased) remains alive and lives as a hail and hearty person because money was allegedly given to Anees through the deceased and possibility of recovery of money is more when Mandhnia remained alive. Thus there was no chance/occasion for the applicants to instigate Gopal to commit suicide. There is no positive or direct act on the part of the applicants which can be connected with commission of suicide. There was no amount of facilitation or mens rea on the part of the applicants. The suicide note does not throw any clear picture which attracts ingredients of abettment of suicide.