Jagdish Gupta vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

This is the first application filed on behalf of applicant under Section 482 of BNSS / 438 of Cr.P.C. for grant of anticipatory bail relating to Crime No.632/2025 registered by Police Station - Gohalpur, District Jabalpur (M.P.) for commission of offence under Sections 296(B) and 109(B) of BNS of IPC. Applicant apprehending his arrest in the aforesaid offence have knocked the portal of this Court for grant of anticipatory bail.

Counsel for the applicant submits that the incident has taken place by heat of the movement. Applicant and complainant is husband and wife. He further submitted he has no previous criminal antecedent. It is submitted that he is sole bread earner of his family members and he has purchased the house by procuring loan. He is not in a position to pay the loan amount. He further submitted that now wife is also filed affidavit by giving consent that if bail is granted to the applicant then she has no objection. In support of his submission, he has filed order dated 25.11.2022 passed in CRA No. 9551/2022 by this Court Bench at Indore. The trial will take a long time to conclude. The applicant is local resident and, therefore, there is no possibility that he will not be available for trial. Investigation is almost on verge of conclusion. He will not attempt to influence any witnesses. Charge-sheet has been filed. He has further submitted the applicant is ready to co-cooperate in the investigation and abide by all the terms and conditions imposed by this Court; under the circumstances, he be released on anticipatory bail.

Counsel for the complainant has submitted that affidavit of applicant's wife has filed in which it is mentioned that dispute between husband and wife was occurred due to heat of the movement. He further submitted that applicant's wife is also willing that she can live together and the husband has assured that he will conduct himself properly in the future. Therefore, she has no objection if applicant released on bail.

Learned counsel for the State has opposed the prayer for grant of bail on the ground that the nature of injury received by his wife is grievous in nature and daughter has also received some simple injury. Therefore, his application for grant of bail may be rejected.

I have considered the submissions made at the Bar. Considering the fact that the now wife has also given consent who is complainant in the present matter. He has no criminal antecedent. Prima facie, considering the allegation and conduct of the applicant cannot be appreciated. However, considering the fact that by keeping husband behind the bar for further period will also create hardship for the other family members. Considering the peculiar facts that there is amicable compromise. I am of the view that discretion can be exercised by considering peculiar facts and circumstances. Trial will take considerable time, as well as the principle 'bail is the rule, jail is the exception' and Article 21 of the Constitution of India,

without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then she shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(a) Applicant shall make herself available for interrogation by a Police Officer as and when required;

(b) She shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) She shall not leave India without the previous permission of the Court;

(d) She shall not commit similar offence, of which, she is accused or suspected.

(e) She will further abide by the conditions enumerated in Sub-section (3) of Section 480 of the B.N.S.S.

Certified copy as per rules.

7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.