Madhya Pradesh High Court
Manoj Gupta vs The State Of Madhya Pradesh on 28 September, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 28th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 46676 of 2022
BETWEEN:-
MANOJ GUPTA S/O SHRI DEENANATH GUPTA,
AGED ABOUT 53 YEARS, OCCUPATION: SPORTs
COACHING R/o 1540 GANGA NAGAR COLONY
GARHA DISTRICT JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NISHANT YADAV, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION SANJEEVANI NAGAR
DISTRICT JABLAPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PUNIT SHROTI, PANEL LAWYER)
(SHRI ABHISHEK DILRAJ, ADVOCATE FOR OBJECTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.44/2022 registered at Police Station Sanjeevni Nagar, District Jabalpur for the offence punishable under Sections 498-A, 506 and 377 of IPC.
Counsel for the applicant submits that applicant is in jail since 20/09/2022. It is further submitted that applicant and complainant are husband and wife and their marriage was solemnized 23 years back. Out of the said Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 9/30/2022 6:03:27 PM 2 wedlock, they blessed with two children. Applicant and complainant are sports person. They are member of Wushu Association and complainant was Secretary of the said association but because of some financial irregularities, she has been removed from the said post and applicant was given charge of the same. Annoyed with the same, complainant has made a false complaint against the present applicant that too of a crime occurred long back. He submits that FIR was also registered against the applicant after lapse of long time. He further submits that applicant is very renowned sports man and holder of several prize and his name is also recorded in the Guinness Book. He submits that merely because one case was registered against him under Section 376 of IPC on earlier occasion, in which he has already been acquitted in the year 2007, he cannot be denied for grant of bail.
Per contra, counsel for the State submits that the complainant is also a very renowned sports woman and member of Madhya Pradesh Olympic Committee and as per the allegation after marriage the applicant was harassing her not only physically but sexually too. He submits that as per the record, the applicant is a person of criminal mentality. One case was also registered against him under Section 376 of IPC. Even at the time of marriage with the complainant, he did not disclose the fact that he is already married and has taken divorce with his earlier wife. He submits that applicant is very influential person and if he is granted bail, he would try to influence the complainant or witnesses of the case.
Counsel for objector has also supported the submissions made by counsel for State and submitted that immediately after marriage complainant has noticed the character of the present applicant. He was in the habit of consuming liquor and illicit relation with number of girls. He further submits Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 9/30/2022 6:03:27 PM 3 that though the applicant has acquitted in a case registered against him under Section 376 of IPC but since last four years he is again in relation with a girl. He submits that chances of improvement in the applicant is very less and he is not changing his attitude towards the complainant. She had no option but to make complaint against the applicant. Under such a circumstance, bail application deserves to be dismissed.
I have heard counsel for parties.
It is a dispute between husband and wife. They spent 23 years together and both are sports person having two adult children. The allegation of unnatural sex, harassment and demand of dowry has been made after 23 years. Charge sheet has been filed. No further interrogation is required and looking to the dispute between husband and wife, I am inclined to consider the bail application subject to condition that after release the applicant will not try to contact the complainant and will not give her any type of threat and also will also not try to influence the evidence of the case.
Accordingly, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 9/30/2022 6:03:27 PM 4(SANJAY DWIVEDI) JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 9/30/2022 6:03:27 PM