IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGAT

ON THE 11 th OF SEPTEMBER, 2023

MISC. CRIMINAL CASE No. 38465 of 2023

BETWEEN:-

DEVPRATAP @ VIKRAM S/O RAMAVATAR PATEL, AGED ABOUT 23 YEARS, OCCUPATION: STUDENT R/O VILLAGE PARASIYA POLICE STATION GADHAKOTA DISTT. SAGAR (MADHYA PRADESH).

.....APPLICANT

(SHRI SANJAY KUMAR PATEL - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH MAKRONIYA DISTRICT SAGAR (MADHYA PRADESH).

.....RESPONDENT

(SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE FOR STATE AND SHRI TEEKA RAM KURMI - ADVOCATE FOR OBJECTOR)

This application coming on for admission this day, the court passed the

following:

ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with FIR No.367/2023 registered at Police Station - Makroniya, District Sagar (M.P.) for the offence under Section 306 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that no offence under Section 306 of Indian Penal Code is made out against the applicant. Applicant has not instigated the deceased to commit suicide. There was no

inducement on his part. In these circumstances, applicant be released on anticipatory bail.

3 . Learned Government Advocate appearing for the State as well as counsel for the objector opposed the application for grant of anticipatory bail. It is submitted that applicant had made chatting and photographs of deceased viral and sent the photographs to her relatives. Due to said act of applicant, deceased has committed suicide. In these circumstances, offence under Section 306 of IPC is made out against applicant.

4. Counsel appearing for the applicant further submitted that applicant does not have any intention that deceased may commit suicide. In absence of mensrea or act, any intention on part of applicant, no offence under Section 306 of IPC can be said to be made out against applicant. Counsel for the applicant relies on judgments passed by Apex Court in case of Praveen Pradhan vs State of Uttaranchal, reported in (2012) 9 SCC 734 and Chitresh Kumar Chopra vs Government of NCT of Delhi, reported in (2009) 16 SCC 605 and other cases. In said cases, it has been held that offence under Section 306 of IPC will be made out when there is instigation or provoke or incitement to the deceased to do a particular act. There was no such incitement on the part of the applicant. Therefore, no offence is made out against applicant.

5. Heard the counsel for the parties.

6. On hearing arguments of both the parties, it is clear that applicant and deceased were having affair. Later on, said affair was known to everybody. Applicant thereafter was sent back to his house. Later on, he has sent the photographs of deceased to relatives and other persons. Feeling insulted, deceased has committed suicide. Act of applicant has actuated the deceased to

commit suicide. There was positive act on part of applicant, due to which deceased has committed suicide.

7 . Society at present is conservative. Girls and women are sensitive regarding their reputation. If a person makes any photographs or their pictures viral in society, that damages a woman or girl psychologically and mentally and these circumstances are enough to show that applicant has indirectly induced and instigated the girl to commit suicide.

8. Considering aforesaid facts and circumstances of the case, anticipatory bail application filed by the applicant is dismissed.

(VISHAL DHAGAT) JUDGE

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