Madhya Pradesh High Court
Atul Singh Chouhan vs The State Of Madhya Pradesh on 30 November, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 45602/2018
1 Atul Singh Chouhan V/s. State of M.P.
Indore, dated : 30.11.2018
Shri Mitesh Jain, learned counsel for the petitioner.
Shri Abhinav Malhotra, learned Govt. Advocate for
respondent/State.
Shri Ajay Jain, learned counsel for the objector.
ORDER
This is a petition under Section 438 of the Code of Criminal Procedure by Petitioner-Atul Singh Chouhan, who apprehend his arrest in Crime No.192/18, Police Station- Pithampur, District Dhar for offence under Section/s 506, 507 of the IPC and u/s. 67-A of Information & Technology Act, 2000.
2. Heard the learned counsel for the parties and perused the case diary.
3. Learned counsel for the petitioner submits that the petitioner got married with daughter of the complainant in the year 2016. Matrimonial disputes are going on between the parties. Father-in-law of the petitioner lodged the FIR that the petitioner himself told him that he has generated the fake Facebook account in the name of his daughter and he will defame them. The FIR was lodged on 4.5.2018. He submits that false, baseless and frivolous allegations have been made against the petitioner, therefore, he has filed the present petition u/s. 438 of Cr.P.C. for grant of anticipatory bail.
4. On the other hand, learned Govt. Advocate as well as learned counsel for the objector oppose the prayer by submitting that the allegations against the present petitioner are serious in THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 45602/2018 2 Atul Singh Chouhan V/s. State of M.P. nature. The petitioner is trying to defame the objector by generating fake Facebook account.
5. Though prayer for anticipatory bail is opposed by the learned Public prosecutor, however, considering that the FIR was lodged on 4.5.2018 and still the investigation is going on and there is no report of I.T. Expert that the so-called fake Facebook Account has been generated by the present petitioner so also the fact that various matrimonial disputes are pending between the parties and there are various counter allegations against each other, it would be appropriate to extend the benefit of Section 438 Cr.P.C.
6. Accordingly, it is directed that in the event of arrest by Police in the aforesaid case, the petitioner shall be released on bail on furnishing personal bond by the petitioner in the sum of Rs.1,00,000/- (One Lakh) with a solvent surety in the like amount to the satisfaction of the arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial.
C.C. as per rules.
( VIVEK RUSIA ) JUDGE Alok/-
Digitally signed by Alok GargavDate: 2018.12.01 17:38:30 +05'30'