Madhya Pradesh High Court
Balmik Gupta vs The State Of Madhya Pradesh Judgement ... on 16 May, 2014
M.Cr.C. No.6878/2014
16.05.2014
Shri Ajay Mishra, Advocate for the applicants.
Shri A.K. Singh, P.L. for the respondent/State.
This is the first bail application filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.132/2014 registered at P.S. Amarpatan, District Satna for the offences punishable under Sections 498-A, 506 and 294/34 of the IPC.
Learned counsel for the applicants submitted that applicants have been falsely implicated in this case. He further submitted that applicant No.1 is father-in-law and applicant No.2 is mother-in-law of complainant Arti Gupta whose marriage was solemnized with Premchandra Gupta, son of these applicants. As per prosecution, it is alleged against these applicants that they abused Arti and subjected her to cruelty in connection with demand of dowry. Learned counsel for the applicants submits that applicants are parents of husband of Arti, it is a matrimonial case, wherein in the event of arrest, possibility of compromise will be diminished. He, therefore, prays for grant of anticipatory bail to the applicants.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicants on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) each with one surety in the like amount to the satisfaction of arresting officer.
The applicants are directed to join the investigation immediately and fully co-operate with the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial.
Certified copy as per rules.
(G.S.Solanki) Judge gn