Bhaveen vs State Of Madhya Pradesh

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is

apprehending his / her arrest in connection with Crime No.53/2020 registered at Police Station Aerodrome, District Indore (MP) for offence

punishable under Sections 498-A and 328 read with Section 34 of the Indian Penal Code, 1860.

As per prosecution story, on 27.01.2020 newly bride Manisha w/o Bhaveen Parmar was hospitalized at SK Hospital, Airport Road, Indore. It is

alleged that Manisha was given a bottle to drink medicine by her mother-in-law Smt. Usha w/o Roop Narayan Parmar; and after consumption of

medicine, she became unconscious. Statement of Manisha was recorded by the Police; and thereafter, FIR was got registered at Police Station

Aerodrome, Indore for offence punishable under Sections 498-A and 328 read with Section 34 of the Indian Penal Code, 1860 against the applicant

and other family members regarding ill-treatment and physical assault with newly married woman.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is

the husband of the complainant. Marriage of applicant was solemnized with the complainant on 31.01.2019 and thereafter, complainant started living

with the present applicant in her matrimonial house. However, her behaviour was not good with the applicant and his family members; and she used to

beat him and harass his father and mother. In this regard several complaints were made by the applicant and his family members relating to cruel

behaviour of the complainant.

Learned counsel for the applicant further submitted that CCTV Camera installed in the house of the present applicant and from its recording (CCTV

Footage), it is clearly reflected that the complainant has beaten the present applicant. It is further submitted that the complainant has made false

allegation against the applicant and his family members with respect to demand of dowry and ill-treatment. It is further submitted that it is a

matrimonial dispute; and if the applicant is send to custody, then chances of compromise in future will be frustrated. The applicant is the resident of

Indore, District Indore (MP) and there is no possibility of his / her absconsion or tampering with the evidence, if enlarged on anticipatory bail. It is also

submitted that the present applicant is ready to cooperate with the investigation. Under these circumstance, learned counsel for the applicant prays for

grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the

anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant

anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Bhaveen s/o Roop Narayan Parmar shall be released on bail,

upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing solvent surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the

other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.6663/2020 stands allowed.

Certified copy as per rules.