Madhya Pradesh High Court
Devendra Kumar Jain vs The State Of Madhya Pradesh on 9 June, 2014
1
M.Cr.C. No. 7710/2014.
09.06.2014
Shri H.S. Rajput, counsel for the applicants.
Shri S.D. Khan, Government Advocate for the
respondent/State.
Case diary is not available.
Learned counsel for applicants submits that looking to the nature of case it may be decided with the help of copy of impugned order.
Heard learned counsel for the parties. The applicants have an apprehension of their arrest in Crime No.1/2014 registered at Police Station, Mahila Police Station Civil Line, Sagar District Sagar for the offence punishable under Sections 498-A of IPC & 3/ 4 of Dowry Prohibition Act.
Learned counsel for the applicant submits that the applicants are reputed citizen of the locality and they do not have any criminal past. The applicant no.1 is an old person of 64 years of age. Actually the complainant who was daughter- in-law of the applicant no. 1 and wife of the applicant no. 2 was residing with applicant no. 2. Brother of the complainant had uploaded obscene photographs of sister of the applicant no. 2 and therefore, quarrel started. Before Parivar Paramarsh the complainant was summoned and she was directed to reside with the applicant no. 2 thereafter, the complainant lodged a false FIR against the applicants to harass them. The offence is triable by JMFC but it is not so grave. The co-accused Smt. Manjula Jain wife of applicant no. 1 and Ku. Bharti Jain @ Lali daughter of applicant no. 1 were released on bail vide order dated 22/05/2014 in M.Cr.C. 2 7317/2014. Under such circumstances applicants pray for bail of anticipatory nature on the ground of parity.
Learned Government Advocate for the State opposes the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances, I am of the view that this is a fit case for grant of anticipatory bail to the applicants.
Consequently, the application under Section 438 Cr.P.C is hereby allowed. It is directed that in the event of arrest, the applicants namely Devendra Kumar Jain & Deepam Jain be released on bail on their furnishing personal bond in the sum of `25,000/- (Rupees Thirty five thousand only) each with a solvent surety in the like amount each to the satisfaction of the Arresting Authority.
The applicant shall further abide by the 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 applicants so desire, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(N.K.GUPTA) V.JUDGE A KM