Madhya Pradesh High Court
MCRC/50076/2023 of SONU @ YOGENDRA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 50076 of 2023
BETWEEN:-
SONU @ YOGENDRA S/O LATE KESHAV SINGHGURJAR, AGED 33 YEARS, OCCUPATION: KHETIR/O GRAM GIRGAON POLICE THANAMAHARAJPURA DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI ANKUR TIWARI- ADVOCATE )
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICETHANA MAHARAJPURA GWALIOR (MADHYAPRADESH)
(BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR )
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 438 of Cr.P.C. has been filed forgrant of anticipatory bail.
3. Applicant is apprehendinghis arrest in connection with CrimeNo.630/2022 registered at Police Station -Maharajpura, District Gwalior
4. It is submittedby counsel for the applicant that applicant is thehusband of the deceased. The marriage was performed about more thannine years back. The deceased was under depression and for thatpurpose, her treatment was going on. Earlier, the deceased had filed acomplaint under Section 12 of Protection of Women from DomesticViolence Act, which was compromised and the said proceedings wereclosed on the basis of compromise vide order dated 11.12.2021 and fromthereafter, the deceased was residing along with the applicant. After11.12.2021, no complaint was ever made by the parents of the deceasedor by the deceased with regard to any maltreatment. The trial is likely totake sufficiently long time and there is no possibility of her absconding ortampering with prosecution case.
5. Per contra, application is vehemently opposed by counsel for theState. It is submitted that the fact that the deceased had filed a complaintunder the Protection of Women from Domestic Violence clearly indicatesthat she was being maltreated, but fairly conceded that there is nothing inthe case diary to indicate that after the matter was compromised, anycomplaint or application was ever made either by the deceased or by herparents.
6. Considering the facts and circumstances of the case and nature ofallegations, without commenting anything on the merits of the case, theapplication is allowed. It is directed that if theapplicant appears beforeInvestigating Officer on or before 10.01.2024 and furnishes a personalbond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the concerned InvestigatingOfficer, then he shall be released by the Investigating Officer.
7. It is made clear that in case, if applicant fails to appear before theInvestigating Officer on or before10.01.2024 then this order shall loseits effect.
8. In the light of judgment passed by the Supreme Court in the case ofAparna Bhat & Ors. Vs. State of M.P. passed on 18/03/2021 inCriminal Appeal No.329/2021, intimation regarding grant of bail be sentto the complainant.
9. Certified copy as per rules.
(G.S. AHLUWALIA)V.JUDGEAvi