Madhya Pradesh High Court
Rajendra Kumar Saxena vs The State Of Madhya Pradesh on 18 October, 2022
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 18th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 49306 of 2022
BETWEEN:-
1. RAJENDRA KUMAR SAXENA S/O SHRI
KANHAIYA LAL SAXENA, AGED ABOUT 67
YEAR S , OCCUPATION: PENTIONER R/O N-15
ALKALOID COLONY JAWAHAR NAGAR
NEEMUCH (MADHYA PRADESH)
2. SANDHYA SAXENA W/O RAJENDRA KUMAR
SAXENA, AGED ABOUT 61 YEARS, N-15,
ALKALOID COLONY, JAWAHAR NAGAR,
NEEMUCH (MADHYA PRADESH)
3. AKANKSHA SAXENA D/O RAJENDRA KUMAR
SAXENA, AGED ABOUT 25 YEARS, N-15,
ALKALOID COLONY, JAWAHAR NAGAR,
NEEMUCH (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI ANKUR MAHESHWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
BARWAH, DISTRICT KHARGONE (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI P.P.S. BAJEETHA, LEARNED COUNSEL FOR THE
RESPONDENT - STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
Heard on this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on behalf of the applicants.
Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:54:21 PM 2T he applicants are apprehending their arrest in connection with Crime No. 251/2022 registered at Police Station Kotwali, District Guna (M.P.) for commission of offence punishable under Sections 323, 506, 498-A, 417,420 of IPC and Section 3, 4 of Dowry Prohibition Act.
The allegation against the present applicants-accused is that having known the fact about the impotency of co-accused, namely, Rohit Saxena, they solemnized his marriage with the complainant and after marriage when the complainant complained about the impotency of her husband, Rohit Saxena, the present applicants-accused misbehaved with her and demanded dowry.
Learned counsel for the applicants argued that the applicants are innocent and have been falsely implicated. The basic allegation of the complainant is about alleged impotency of her husband/co-accused Rohit Saxena and because of that the allegations of dowry, harassment are made. It is further argued that applicant Nos. 1 & 2 are old aged persons. All the applicants have no criminal record and it was not possible for them to know the fact of impotency about the co-accused Rohit. The applicants are permanent resident of Neemuch (M.P.) and there is no possibility of their absconsion. I t is further argued that the applicants be released on anticipatory bail in the light of the principles laid down by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. Per contra, counsel appearing for the State has vehemently opposed the application and prays for its dismissal.
Heard the learned counsel for the parties and perused the case- diary. For ready reference and convenience the guidelines laid down by the Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:54:21 PM 3 Supreme Court in the case of Arnesh Kumar (Supra) are enumerated below:-
"7.1. From a plain reading of the provision u/S.41 Cr.P.C., it is evident that a person accused of an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on his satisfaction that such person had committed the offence punishable as aforesaid. A police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts. 7.2. The law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. The law further requires the police officers to record the reasons in writing for not making the arrest. 7.3. In pith and core, the police officer before arrest must put a question to himself, why arrest? Is it really required ? What purpose it will serve ? What object it will achieve ? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. Before arrest first the police officers should have reason to believe on the basis of information and material that the accused has Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:54:21 PM 4 committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by subclauses (a) to (e) of clause (1) of Section 41 Cr.P.C.
9. Another provision i.e. Section 41-A Cr.P.C. Aimed to avoid unnecessary arrest or threat of arrest looming large on the accused requires to be vitalized. This provision makes it clear that in all cases where the arrest of a person is not required under Section 41(1)Cr.P.C., the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police officer is of the opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 Cr.P.C. has to be complied and shall be subject to the same scrutiny by he Magistrate as aforesaid."
Considering the overall facts and circumstances of the case that the main grievance of the complainant seems to be alleged impotency of co-accused Rohit, who is her husband, without expressing any opinion on the merits of the case and in the light of the judgment passed by the Supreme Court in the case o f Arnesh Kumar (supra), this Court deems it appropriate to allow this application for grant of anticipatory bail. In the event of arrest, the applicants are directed to be released on bail on furnishing a surety bond in the sum of Rs. 50,000/- (Fifty thousand only) each with two solvent sureties in the like amount to the satisfaction of Arresting Officer.
This order will remain operative subject to compliance of the following conditions by the applicants :-
Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:54:21 PM 51. The applicant/s will comply with all the terms and conditions of the bond executed by him/them;
2. The applicant/s will cooperate in the investigation/trial, as the case may be; 3 . The applicant/s will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him/them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4 . The applicant/s shall not involve any other offence, in case the applicant/s indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Application stands allowed.
Certified copy as per rules (SUNITA YADAV) JUDGE Chetna Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:54:21 PM