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2022 DIGILAW 662 (MP)

Vikash Sharma v. State of Madhya Pradesh

2022-04-25

RAJEEV KUMAR SHRIVASTAVA

body2022
JUDGMENT Rajeev Kumar Shrivastava, J. - Documents filed vide I.a.No.6796/2022 are taken on record. I.a.No.6785/2022, an application under Section 301(2) of CrPC filed by the complainant, is taken up, considered and allowed for the reasons mentioned therein. The applicant has filed this first application under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant. The applicant apprehends his arrest in connection with Crime No.202/2022 registered at Police Station Inderganj, District Gwalior (M.P.) in relation to the offence punishable under Sections 304-B, 498-a, 34 of the IPC and Section 3, 4 of the Dowry Prohibition act. It is submitted by learned counsel for the applicant- Vikash Sharma that the applicant has not committed any offence. He has falsely been implicated in this case. It is further submitted that the applicant is the husband of the deceased and the deceased committed suicide by hanging. at the time of incident, the applicant went on morning walk and when he returned, he saw that his wife had committed suicide by hanging. It is also submitted that the deceased was suffering from medical ailments and her treatment was undergoing. There is no demand of dowry or no any complaint in this regard. It is further submitted that the applicant is a reputed citizen of the society and he holds good reputation in the Society. If he is sent to jail, his reputation in the society will get disrupted. Investigation and trial will take its own time. The applicant is ready and willing to abide by any condition which may be imposed by this Court in case of grant of bail. Hence, prayed for grant of anticipatory bail. Per contra, learned State counsel has vehemently opposed the application and has submitted that the case is registered against the applicant under Sections 304-B, 498-a, 34 of the IPC, wherein the deceased was compelled to commit suicide within one year and half months of the marriage. It is further submitted that the applicant and the deceased were residing at Gwalior and the medical record submitted with regard to treatment of the deceased is at Community Helath Centre Kailaras which reflects mens rea of the applicant. Hence, prayed to reject this application filed for grant of anticipatory bail to the applicants. Heard learned counsel for the parties and perused the case diary. Hence, prayed to reject this application filed for grant of anticipatory bail to the applicants. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by learned counsel for the parties along with the other facts & circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicants shall be released on anticipatory bail on their furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety each in the like amount to the satisfaction of the arresting Officer/Investigating Officer. This order will remain operative subject to compliance of the following stringent conditions by the applicants:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. 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. 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be. This anticipatory bail application stands disposed of in above terms. Let a copy of this order be sent to the Court concerned for information. Certified copy/ e-copy as per rules/directions.