Madhya Pradesh High Court
Avdhesh Raghuvanshi vs The State Of Madhya Pradesh on 27 February, 2017
1
M.Cr.C.No.1549/2017
(Avdhesh Raghuvanshi v. State of M.P.)
27.02.2017
Shri Ankit Saxena, counsel for the applicant.
Shri Arun Barua, Panel Lawyer for the
respondent/State.
Case diary is available.
This is an application under Section 438 of CrPC for grant of anticipatory bail.
The applicant has an apprehension of his arrest relating to Crime No.69/2017 registered at Police Station Kotwali, District Guna for the offences punishable under Sections 498-A, 323, 506, 34 of IPC.
It is submitted by the counsel for the applicant that the applicant was married to the complainant on 16.04.2016 and in the month of October, 2016 she left her matrimonial house for no reason. Thereafter, whenever, he went to his in-laws house, the complainant refused to join his company. He has also filed a petition under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights. It is further submitted that the allegations of demand of dowry as well as maltreatment are false and all the in-laws have been implicated by the complainant for no reason. It is further submitted that the applicant is still ready and willing to keep the complainant with him and for that purposes he has filed a petition under Section 9 of Hindu Marriage Act. On these grounds, the applicant prays for grant of anticipatory bail.
2 M.Cr.C.No.1549/2017(Avdhesh Raghuvanshi v. State of M.P.) Per contra, the application is vehemently opposed by the counsel for the State.
After considering the facts and circumstances of the case, without expressing any opinion on the merits of the matter, I am of the view that this is a fit case for grant anticipatory bail to the present applicant. Consequently, application under Section 438, Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant Avdhesh Raghuvanshi shall be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigating Officer).
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(G.S. Ahluwalia) Judge (ra)