Madhya Pradesh High Court
Sanjeev Hada vs The State Of Madhya Pradesh Thr on 25 April, 2018
THE HIGH COURT OF MADHYA PRADESH MCRC-15293-2018 (SANJEEV HADA Vs THE STATE OF MADHYA PRADESH THR) Gwalior, Dated : 25-04-2018 Shri Yogendra Singh Tomar, learned counsel for the applicant. Shri A.K.Nirankari, learned Public Prosecutor for the State. Shri Tapendra Sharma, learned counsel for the complainant. Heard.
sh Perused the case diary.
e The applicant is apprehending his arrest in connection with ad Crime No.127/2018 registered at Police Station Thatipur, District Pr Gwalior, for the offence punishable under Sections 406, 420, 494, 498-A of IPC and Sections 3/4 of the Dowry Prohibition Act.
a hy Learned counsel for the applicant submits that applicant is a bank officer posted at Kota. He has no connection with the alleged ad offence and in fact most of the allegations are against his younger M brother. It is submitted that applicant was not aware of the status of his brother who is working in Tata Consultancy Services and at present of posted in US. It is further submitted that even if allegations made in rt the FIR are taken on its face value, then also none of the allegations ou are made out against the present applicant. It is also submitted that grievance of the complainant is that present applicant's brother Rajiv C has not taken her to US after marrying her in India in February, 2017. h Learned Public Prosecutor and learned counsel for the ig complainant have opposed this application on the ground that there is H a communication on Whatsapp between the complainant and the so called live-in of Rajiv.
No definite opinion can be formed from such communication and the documents which have been filed by the counsel for the complainant in regard to involvement of present applicant in the offence.
Looking to the fact that applicant is bank officer and there is chance of his running away from the process of investigation and if he is arrested, that may jeopardize his service, but without expressing any opinion on the merits of the case, the application under Section 438 of Cr.P.C. is hereby allowed. It is directed that in the event of arrest, the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the Arresting Authority/ Investigation Officer. The applicant shall appear before the Investigating Officer on 7th May, 2018 and on such other dates fixed by him and shall also cooperate in the investigation. He shall further abide by the other conditions enumerated in sub section (2) of Section 438 of Cr.P.C.
sh Certified copy as per rules.
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(VIVEK AGARWAL)
JUDGE
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Digitally signed by MADHU
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SOODAN PRASAD
Date: 2018.04.27 11:00:06 +05'30' M of rt ou C h ig H