Madhya Pradesh High Court
MCRC/53369/2020 of RAKESH RATHORE Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-53369-2020
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SAN
The High Court Of Madhya PradeshMCRC-53369-2020
(RAKESH RATHOREVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Kaustubh Singh, learned counsel for the applicant.
Shri Amit Bhurrak, Panel Lawyer for the respondent/State.
This first bail application under Section 438 of the Code of CriminalProcedure has been filed by the applicant for grant of anticipatory bailapprehending his arrest in connection with Crime No.435/2020 registered atPolice Station Ganj Betul District Betul (M.P.) for the offence punishableunder Sections 498-A, 354, 354-A and 506 of IPC and Section 3 read with 4of the Dowry Prohibition Act.
Learned counsel for the applicant submits that false allegations havebeen made by the complainant against present applicant. He submits that thecomplainant has left the house of her husband namely Mohit in the month ofApril 2020 but she has made complaint against present applicant and otherco-accused persons in the month of November 2020. He further submits thatbefore lodging the compliant, an application under Section 9 of the HinduMarriage Act, 1955 for restitution of conjugal rights has also been filed by thehusband of the complainant. He also submits that the family members of thehusband of the complainant are trying to resolve the dispute but thecomplainant herself does not want to live with the husband in her in-law'shouse and therefore, she made a false complaint against the present applicant.It is further submitted that out of six accused persons, three have alreadybeen released on anticipatory bail by this Court.
Learned Panel Lawyer, on the other hand, opposes the bail applicationand has also read out the statement of the complainant recorded underSection 164 CrPC.
Considering the arguments advanced by learned counsel for the partiesand without commenting on the merits of the case, I am of the opinion that Signature Not VerifiedSANDigitally signed by VINODVISHWAKARMADate: 2020.12.31 17:16:00 IST
the applicant can be enlarged on anticipatory bail.
Accordingly, the bail application filed by the applicant stands allowedand it is directed that in the event of arrest, the applicant-Rakesh Rathore shallbe enlarged on bail on his furnishing a bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like amount to thesatisfaction of the Arresting Officer concerned. It is further directed that theapplicant shall abide by the conditions mentioned in Section 438(2) of theCode of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI)V. JUDGE
vinod