Madhya Pradesh High Court
Deepankar Bhattacharya vs The State Of Madhya Pradesh on 21 July, 2017
MCRC-10473-2017
(DEEPANKAR BHATTACHARYA Vs THE STATE OF MADHYA PRADESH)
21-07-2017
Mr.Mukesh Kumar Mishra, learned counsel for the applicant.
Mr.Ajay Tamrakar, learned Panel Lawyer for the respondent/State.
This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.270/2017 for offences under sections 498-A, 323, 294 and 506 of IPC registered at Police Station-Omti, District-Jabalpur.
According to the case of the prosecution, the applicant herein is the husband of the complainant who is the estranged wife of the complainant. Learned counsel for the State has read out from the FIR registered by the complainant, in which, she says that she was having issues/misunderstanding with her husband for quite some time and that he, under the influence of alcohol often harasses her and on the date of the incident, her parents along with her brother had come there to request the applicant to change his behaviour with the complainant and treat her properly. It is alleged that upon being so angered, the applicant is stated to have assaulted the father of the complainant and also the brother when the brother came to intercede. The injury received by the brother and father are simple in nature. The allegations pertaining to the matter of cruelty are very vague in the sense that she only says that the applicant after drinking alcohol used to harass her and that he never gives her money for spending.
Looking at the facts and circumstances of the case and the nature of the allegations against the applicant, the application is allowed and it is directed that if the applicant is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to the conditions enumerated in Section 438(2) of the Code of Criminal Procedure, 1973.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE rk.