MCRC/23316/2017 of DEVENDRA Vs THE STATE OF MADHYA PRADESH on 28 December 2017

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE(Devendra vs. State of M.P.)M.Cr.C. No.23316 of 2017

-Indore, Dated: 28/12/2017

Shri Nilesh J. Dave, learned Counsel for theapplicant—Devendra S/o Rambharose Dange.

Ms. Bharati Lakkad, learned Public Prosecutor forthe non-applicant/State.

Shri Harish Tripathi, learned Counsel for complainant—Monika Dange.

Heard.

This is first application under Section 439 ofCr.P.C. filed by applicant—Devendra, who is implicatedin Crime No.527/2017 registered at Police Station—M.I.G., Indore (MP) for offence punishable under Sections498 (a), 328 and 506 of IPC. The applicant is in custodysince 23.09.2017.

The allegation against the present applicant is thatbeing husband he committed atrocities on his wife. Themarriage between applicant and the complainant tookplace in the year 2009 and he is having two children.He consumes liquor and assaulted his wife. Wife Smt.Monika Dange lodged a report with the police Station—M.I.G., Indore. Now the wife/complainant has filed anaffidavit that a compromise has arrived between themand she wants to live with the present applicant.

Counsel for the applicant submits that theapplicant in future will live peacefully with her and willnot assault her and prays for grant of bail.

Learned Public Prosecutor opposed the prayer and prays for its rejection.

On due consideration of the aforesaidand thematerial evidence available in the case-diary, so alsothe affidavit filed by complainant, without expressingany opinion on the merits of the case, MiscellaneousCriminal Case No.23316/2017 is allowed. It is directedthat applicant—Devendra shall be released on bailsubject to his furnishing a personal bond in the sum ofRs.40,000/-(Rupees Forty thousand only) withone local surety in the like amount to the satisfaction ofthe concerned JMFC/CJM for his appearance beforehim or trial Court on all dates of hearing as may befixed in this behalf by the Court concerned during trialwith a condition that if the offence is repeated, then thisbail order will be cancelled by this Court.

Certified copy as per rules.

pp/Digitally signed by Pankaj Pandey DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, Pankaj postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5467164f5a336c7377a6484512779597a0f79163d36b5126b33Pandey9e1055a2ce3fb, cn=Pankaj Pandey Date: 2017.12.29 10:52:22 +05'30'

(Vivek Rusia)

Vacation Judge