Madhya Pradesh High Court
Arvind Singh @ Pappu vs The State Of Madhya Pradesh on 4 August, 2015
M.Cr.C. No. 11158/2015
04/08/2015
Shri Y.K. Gupta, learned counsel for the applicants/accused.
Shri B.P. Pandey, learned PP for the respondent/State.
Case diary is available.
This is the first bail application filed by the applicants/accused under Section 438 of Cr.P.C for grant of anticipatory bail apprehending their arrest in connection with Crime No.222/2015 registered at Police Station City Kotwali, District Damoh for the offences punishable under Section 498-A/34 of IPC and Section 3/ 4 of Dowry Prohibition Act.
Learned counsel for the applicants/accused submits that applicant No. 1 being brother-in-law (Jeth) and the applicant No. 2 being the husband of the complainant Smt. Sangeeta Singh, have been falsely implicated in this case. As per FIR, the alleged incident took place at Damoh where no report has been lodged by the complainant. A written report was submitted by the complainant to the Superintendent of Police, Katni whereupon an FIR bearing Crime No. 0/15 for the offence under Section 498-A read with Section 34 of IPC and Section 3/4 of the Dowry Prohibition Act was registered at police station Sleemnabad where the parents of the complainant were residing. Thereafter, the said FIR was sent to Damoh. Counsel further pleads that there is no kind of recovery to be made from the applicants-accused in this case and it has not been explained by the police as to why the arrest of the applicants-accused is required in this case. On the aforesaid grounds, learned counsel has prayed for grant of anticipatory bail.
Learned Public Prosecutor opposing the submissions made on behalf of the applicants-accused has prayed for rejection of the anticipatory bail application.
The alleged offences are not punishable with the imprisonment for more than seven years. There is no kind of recovery to be made from the applicants-accused in this case. The FIR was not lodged at Damoh where the alleged incident took place.
Considering the facts and circumstances of the case and the judgment rendered by the Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar and others, 2014 (8) SCC 273, this Court deems it fit to grant anticipatory bail to the applicants. Hence, allowing this application, it is ordered that in the event of arrest by the arresting officer or by the court, the applicants shall be released on bail on their furnishing personal bonds for the sum of Rs.25,000/- each with separate sureties for the like amount to the satisfaction of the court. The applicants are directed to join the investigation immediately and fully cooperate with the investigating agency and the trial. The applicants shall abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
M.Cr.C. stands disposed of.
Certified copy as per rules.
(M.K. Mudgal) Judge YS/-