Madhya Pradesh High Court
Pankaj Uday vs The State Of Madhya Pradesh on 25 September, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.42275.2021
The High Court of Madhya Pradesh
Mcrc.42275.2021
(Pankaj Uday Vs. State of M.P.)
Gwalior dated 25.09.2021
Shri A.K. Dwivedi, learned counsel for petitioner.
Shri Kuldeep Singh, learned Panel Lawyer for
respondent/State.
Shri Hemant Singh Rana, learned counsel for the complainant. IA.26130/2021, an application moved u/Sec.301(2) Cr.P.C. on behalf of the complainant to assist the State Counsel is taken up, considered and allowed for the reasons mentioned therein.
Shri Hemant Singh Rana, learned counsel and associates are permitted to assist State Counsel.
Learned counsel for the rival parties are heard. Case diary is perused.
This is first application u/S.438 Cr.P.C. for grant of anticipatory bail by petitioner.
Petitioner apprehends arrest in connection with offence punishable u/Ss.498A, 377, 354, 506, 34 IPC registered as Crime No.458/2021 by Police Station Maharajpura, District Gwalior (M.P.).
Learned counsel 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.
Present is the first application preferred u/S.438 Cr.P.C. where petitioner apprehends arrest in respect of offence punishable 2 Mcrc.42275.2021 u/Ss.498A, 377, 354, 506, 34 IPC.
Marriage took place 09 years back but the prosecutrix has been subjected to cruelty on continuous basis of mental and physical nature. Since 13.07.2021, the prosecutrix has left her matrimonial home and is residing with her parents.
The brother-in-law is alleged to have taken undue advantage of the prosecutrix by outraging her modesty but the husband/petitioner did nothing to prevent the same despite residing in the same matrimonial home.
Learned counsel for petitioner has relied upon order dated 24.02.2020 passed by this Court in Mcrc.7956/2020 [Sourabh Thagele Vs. The State of Madhya Pradsesh] and by the Mumbai High Court dated 24.02.2020 in Criminal Anticipatory Bail Application No.415 of 2020 [Mangesh Arjun Bhosale And Anr. Vs. The State of Maharashtra]. The decision of this Court pertains to different crime number though of similar offence and therefore has no precedential value qua case of petitioner. The Mumbai High Court decision is also an order passed granting bail to the accused therein which has attended with different factual matrix and therefore is of no assistance to petitioner.
Petitioner being main accused, no case for grant of anticipatory bail is made out.
Consequently, present petition stands dismissed.
(Sheel Nagu) Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH DHARK COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492fe8 2dc3b1eef67eff2cb59f3ac97e920ac26 AR 4de7828, cn=PAWAN DHARKAR Date: 2021.09.28 11:13:12 +05'30'