Jivendra Singh Chandel vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

Heard on I.A.No.14183/2020, which is an application for taking additional document on record.

On due consideration, so also the reasons assigned in the application, the same is allowed. The additional document is taken on record.

This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure.

The applicant is apprehending his arrest in connection with Crime No.581/2020 registered at Police Station Mauganj, District Rewa (M.P.), for the

offence punishable under Sections 498-A of IPC and Sec. 3, 4 of Dowry Prohibition Act.

As per prosecution case, on 29.8.2020, complainant Anamika Singh lodged the report that her marriage was solemnized with accused/applicant-

Jivendra Singh. At the time of marriage, her father gave sufficient dowry to present applicant and other co-accused and after the marriage

accused/applicant and other co-accused demanded Rs.20 lacs more as dowry from her and her parents and due to non-fulfillment of dowry,

accused/applicant and co-accused humiliated and tortured her. Thereafter, accused/applicant and co-accused threw her from matrimonial home, but

accused/applicant is not agree to keep her at matrimonial home, so she lodged the report.

Learned counsel for the applicant submits that accused/applicant has falsely been implicated in this case. Accused/applicant has no role in this

incident. There is omni bus allegation against the applicant. Complainant herself left her matrimonial home and put a condition to return on the ground

that when accused/applicant will live with her separately from his parents, then she will reside with him. Accused/applicant filed a petition under

Section 9 of the Hindu Marriage Act on 13.8.2020, in which notice has been isued to the complainant. Thereafter, this fact came to the knowledge of

complainant then s h e lodged the report. Accused/applicant has no previous criminal antecedent. The applicant is still interested in keeping the

complainant with him, but complainant is residing separately without any reasonable cause. The applicant did not demand any dowry from complainant

and her parents. He did not torture and humiliate her. Accused/applicant is ready to solve the dispute by way of conciliation proceeding. There is no

previous criminal antecedent against the applicant. It is the time of COVID-19 Pandemic, due to this social distancing is very necessary. There is no

chance of their absconding or tampering with evidence of prosecution. No custodial interrogation is required in this case. Conclusion of trial will take

long time to conclude. He prays for grant of anticipatory bail to the applicant.

Per-contra, learned Panel Lawyer and learned counsel for the complainant submit that accused/applicant demanded dowry and committed cruelty

with the complainant, so he is not entitled for grant of anticipatory bail.

Considering the contention of both the learned counsel and looking to the whole facts and circumstances of the case as also the fact that there is

general allegation of cruelty and demand of dowry against the applicant, there is no previous criminal antecedent against the present

accused/applicant, no custodial interrogation is required in this case, accused/applicant is still ready to keep the complainant with him, learned counsel

for accused/applicant submits that applicant did not make any demand and in future he will not raise any demand with complainant, apart from this,

accused/applicant is interested to solve the matrimonial dispute by way of conciliation proceedings, apart from this, accused/applicant has already filed

a petition under Section 9 of the Hindu Marriage Act, in which notice has been issued to the complainant, it is a matrimonial dispute so, there is every

possibility to resolve the same by way conciliation proceedings, there is no probability of his absconding or tampering with evidence of prosecution,

without expressing any opinion on merits of the case, I am of the considered view that in the event of his arrest, it would be appropriate to enlarge the

applicant on anticipatory bail.

Consequently, the application under Section 438 of Cr.P.C. is hereby allowed.

It is directed that accused/applicant Jivendra Singh Chandel will surrender himself before Investigating Officer within ten days' from the date of

receipt of certified copy of this order and then in the event of arrest, he be released on bail on his furnishing bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety in the like amount each to the satisfaction of the Arresting Authority.

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.

Certified copy as per rules.