Shartendu S/O Mahesh Chandra Sharma vs State Of M.P

Vivek Rusia, J

This is first application filed under section 438 Cr.p.C seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime

No.584/2020 registered at police station Kotwali, Shajapur for the offence punishable under section 498-A & 34 of the IPC.

As per prosecution story, complainant lodged a written complaint on 17.12.2020 alleging that she got married with the applicant on 20.04.2014 under

the Hindu rituals and customs. At the time of marriage, as per the capability sufficient dowry and donation were given and despite that the husband,

father-in-law, mother-in-law, Jeth and Jethani are harassing her for demand of Rs. 10 lakh. On 28.08.2019 the father of the complainant gave second

hand car but the husband was insisting her to give new car. On 01.08.2019, the husband came to the house and assaulted her by kicks and fists for

which she lodged a complaint. Thereafter, she also initiated proceedings under the Domestic Violence Act seeking maintenance. On that basis the

aforesaid offence was registered against the applicant and his family members.

Learned counsel for the applicant submits that only general and omnibus allegation has been made against the applicant. He submits that after a period

of six years of their marriage the allegation of demand of dowry is baseless. The applicant is a resident of Bhopal but the FIR has been lodged at

Shajapur where the complainant is residing along with her parents. It is also submitted that it is a second marriage of both the complainant and

applicant and both are earning members, therefore there is no question for demand of dowry. The applicant is ready to cooperate with the

investigation. There is possibility of his absconsion and tempering with the evidence. If the applicant is arrested, there would be no possibility of

compromise between the parties in the matter. Under these circumstances, learned counsel prays for grant of anticipatory bail to the applicant.

Learned Panel Lawyer for the respondent/State opposes the application and prays for its rejection.

Considering the arguments advanced by the learned counsel for the parties and totality of 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 of the applicant, he shall be released on bail, upon his executing a personal bond in the sum of Rs.40,000/- (rupees

forty thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). This order shall

also be governed by the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

C.c as per rules.