Madhya Pradesh High Court
Varun Goyal vs The State Of Madhya Pradesh on 1 February, 2019
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THE HIGH COURT OF MADHYA PRADESH
Mcrc. 4619/19
(Varun Goyal Vs. State of M.P. )
Gwalior Dt. 1/2/2019
Shri Sanjay Gupta, Advocate for the petitioner.
Shri M.M.Tripathi, Public Prosecutor for the State.
Shri Mahesh Goyal, Advocate for the victim.
Case-diary is perused.
Learned counsel for the rival parties are heard.
This is first application under Section 438 of Cr.P.C. for grant of
anticipatory bail.
Petitioner apprehends his arrest in connection with offences
punishable u/Ss. 498-A IPC and Sec. 3/4 of the Dowry Prohibition Act
registered as Crime No. 857/18 by Police Station Dabra District Gwalior
(M.P.).
Learned Public Prosecutor for the State opposed the application
and prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for grant of
anticipatory bail is made out.
The petitioner is husband of the complainant, who is alleged with
inflicting dowry demand related cruelty. The marriage of the
complainant took place sometime in 2014 and arrest in matters of this
nature may diminish the possibility of settlement in future.
Considering the above and that the material placed on record
does not disclose the possibility of the applicant fleeing from justice, this
Court is inclined to extend the benefit of bail to the petitioner.
Accordingly, without expressing any opinion on merits of the
case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C.
in the following terms.
It is hereby directed that in the event of arrest, the petitioner
shall be released on bail on furnishing a personal bond in the sum of
Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent
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sureties each of Rs.25,000/- to the satisfaction of the Arresting
Authority.
This order will remain operative subject to compliance of the
following conditions :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. The present order is being passed as an interim measure keeping the petition pending so that rival parties can resolve the controversy either by the means of reconciliation or mediation.
Learned counsel for the victim has agreed to this arrangement. Accordingly, Shri N.K.Gupta, Sr. Advocate is appointed as Mediator to resolve the dispute.
Let rival parties appear before the Mediator on 11/2/2019 and thereafter on such dates as may be fixed by the Mediator.
List after submission of report by the Mediator C.c. as per rules.
(Sheel Nagu) Judge (Bu) Digitally signed by DHANANJAYA DHANAN BUCHAKE DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=P. S., postalCode=474011, st=Madhya JAYA Pradesh, 2.5.4.20=d94ba0c97d32b052dc2b2953e 50aa2259fffca02f0df64f6e380887af9a76 471, BUCHAKE 2.5.4.45=03210001789E00741B6821B47 68B566B4765F459D8C46A18A92D65787 E324985807413, cn=DHANANJAYA BUCHAKE Date: 2019.02.02 10:51:22 +05'30'