Madhya Pradesh High Court
MCRC/53403/2020 of MOHIT RATHORE Vs THE STATE OF M.P. on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-53403-2020
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SAN
The High Court Of Madhya PradeshMCRC-53403-2020
(MOHIT RATHORE AND OTHERSVs THE STATE OF M.P.)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Kaustubh Singh, learned counsel for the applicants.
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 applicants for grant of anticipatory bailapprehending their 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. The applicants are respectively husband andmother-in-law of the complainant.
Learned counsel for the applicants submits that false allegations havebeen made by the complainant against present applicants. He submits that thecomplainant has left the house of her husband in the month of April 2020 butshe has made complaint against present applicants and other co-accusedpersons in the month of November 2020. He further submits that beforelodging the compliant, an application under Section 9 of the Hindu MarriageAct, 1955 for restitution of conjugal rights has also been filed by applicantNo.1. He also submits that the family members of applicant No.1 are trying toresolve the dispute but the complainant herself does not want to live with thehusband in her in-law's house, therefore, she made a false complaint againstthe present applicants. It is further submitted that out of six accused persons,three have already been 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 17:16:01 IST
the applicants can be enlarged on anticipatory bail.
Accordingly, the bail application filed by the applicants stands allowedand it is directed that in the event of arrest, the applicants-Mohit Rathore andSmt. Kusum Rathore shall be enlarged on bail on their furnishing a bail bondin the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one solventsurety in the like amount to the satisfaction of the Arresting Officerconcerned. It is further directed that the applicants shall abide by theconditions mentioned in Section 438(2) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI)V. JUDGE
vinod