1.ORDER
This first application under Section 482 of Bhartiya Nagrik Suraksha
Sanhita has been filed on behalf of the applicant for grant of anticipatory
bail.
2. The applicant is apprehending his arrest in connection with Crime
No.29/2026 registered at police station- Sainkheda District Narsinghpur for
commission of offence punishable under Sections 108, 115(2), 296(b) of
BNS.
3. As per prosecution, on 23.01.2026 the doctor of Government
Hospital, Gadarwara sent a written complaint to the SHO, Gadarwara that
deceased Devendra Kumar Vishwakarma was admitted in the hospital, as he
consumed Celphos. Thereafter, the police came to the hospital and recorded
the statement of the deceased in presence of the doctor wherein the deceased
stated that he borrowed money from the applicant for purchasing the material
to construct a house, but when he could not repay the said amount, the
applicant abused, assaulted and insulted him and due to which he consumed
Celphos. Thus, the aforesaid offence has been registered against the
applicant.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the case. It is vehemently
submitted that even if the prosecution case is accepted as it is, no conviction
can be recorded for the alleged offences against the applicant. It is further
submitted that there is no act on the part of the applicant, which shows
connection with the act of committing suicide by the deceased. It is
submitted that there is no apprehension of applicant's absconding or
tampering with the prosecution evidence. He is ready to cooperate in the
investigation. Thus, he prays for anticipatory bail.
5. Learned counsel for the respondent-State while opposing the bail
application submitted that as per the prosecution case, the applicant has
intimidated the deceased regarding re-payment of money borrowed by the
deceased from the applicant. Thus, the applicant is not entitled for grant of
anticipatory bail.
6. Considering the overall facts and circumstances of the case and
without expressing any opinion on the merit of the case, this Court is of the
view that it is a fit case in which applicant may be released on anticipatory
bail. Consequently, anticipatory bail application filed on behalf of applicant
stands allowed.
7. It is directed that in the event of his arrest, applicant Sunil Kumar
Chouksey be released on bail on his furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the
like amount to the satisfaction of the Arresting Officer. It is also directed that
the applicant shall abide by the conditions as enumerated under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. Accordingly, this MCRC stands allowed.
(RAMKUMAR CHOUBEY)
Ansari