AMBIKA KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application under Sec. 438 of Cr.P.C. for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.388/2017 registered at Police Station Thatipur, District Gwalior (M.P.) in relation to the offence punishable under Ss. 306, 120-B, 342, 330, 466, 471, 201, 302 of the IPC.

(3.) It is submitted by learned counsel for the applicant- Ambika Katare that the applicant is a public servant and he is working in Police Department. The applicant is innocent. He has not committed any offence rather, he has falsely been implicated in this case. It is further submitted that the deceased has committed suicide and he was a habitual offender against whom eight criminal cases have been registered including offence under Sec. 11/13 of the MPDVPK Act. On the alleged date of incident, during travelling deceased Shivam fled away with handcuff from the custody of police and thereafter, he committed suicide in the house of one Mahendra who was his friend. It is further submitted that in the present case, later on, a CID investigation was conducted by which the CID has drawn a conclusion that offence under Sec. 302 of the IPC is not made out against the applicant, hence, charge sheet has to be filed for commission of offence under Sec. 306 of IPC. It is further submitted that the applicant has already faced a departmental enquiry and his one increment has been withheld. No case is made out against the applicant under Sec. 306 of IPC as no ingredients of Sec. 107 of IPC are attracted. It is further submitted that co-accused Devendra Mishra has already been granted anticipatory bail by this Court vide order dtd. 12/04/2022 passed in M.Cr.C. No.17925/2022 and the case of present applicant is on same footing. Trial will take its own time. The applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of anticipatory bail.