Madhya Pradesh High Court

MCRC/52774/2018 of VIVEK Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-52774-2018 (VIVEK Vs

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The High Court Of Madhya PradeshMCRC-52774-2018

(VIVEKVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri Ramesh K.Tamrakar, counsel for the petitioner.

Shri Subodh Kathar, Government Advocate for the respondent/State.

This is first bail application filed by the applicant under Section 438 ofCr.P.C. for grant of anticipatory bail as he apprehends his arrests inconnection with Crime No. 34/2018 registered at Police Station Mahila Thana,Sagar against him for offences punishable under Sections 498-A, 406/34 ofIPC and Section 3 r/w Section 4 of the Dowry Prohibition Act.

As per the prosecution case, love marriage between the applicant andthe complainant was solemnised on 07.06.2015 without the consent of theirfamily members as they both belong to different castes. As per thedocuments filed with the application, there is some dispute between theapplicant and his wife/complainant and applicant has filed application underSection 9 of the Hindu Marriage Act. Thereafter, complainant has filed reportagainst the applicant at Mahila Thana, Sagar. Therefore, the applicant hasprayed for grant of anticipatory bail Learned Government Advocate for the respondent/State has opposedthe prayer.

On due consideration of the facts and circumstances of the case andthe submissions raised on behalf of the parties by their counsel, withoutexpressing any opinion on the merits of the case, I am of the view that it is afit case for grant of anticipatory bail to the applicant. Hence, the applicationis allowed.

It is directed that if the applicant is arrested by the Arresting Officer, heshall be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surely inthe like amount to the satisfaction of the Arresting Officer.

Further, he will abide by the conditions enumerated in Section 438(2)

of the Cr.P.C. It is made clear that the applicant shall appear before theInvestigating Officer as and when he is so directed and co-operate with theinvestigation and he shall also appear before the trial Court, failing which hisbail application shall automatically stand cancelled without further reference tothe Court.

Accordingly, the M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SMT. ANJULI PALO)V. JUDGE

vidyaDigitally signed by SREEVIDYA Date: 2019.01.02 16:03:28 +05'30'

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