Sunil Shukla vs State Of Madhya Pradesh

This is first bail application filed by the applicant Sunil Shukla under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.234/2018, registered at P.S â€" Pipariya, District â€" Hoshangabad under

Sections 498-A, 505/34, 506 of IPC and Section 4 of Dowry Prohibition Act.

As per the prosecution story, on 25.06.2018, the complainant Kanchan Shukla wife of the applicant lodged a report at Police Station Pipariya, District

Hoshangabad averring that her marriage was solemnized with the applicant on 23.11.2017, thereafter, she lived with the applicant but applicant and

other co-accused Sudha, mother-in-law, Subhash, brotherin-law, Shambu Dayal father-in-law used to harass her and also pressurized her to bring

Rs.2 lakhs from her father, when she denied, applicant and other co-accused assaulted her and also threatened her to kill. On 02.05.2018 applicant

and other coaccused expelled her from the matrimonial house after assaulting her. On that, police registered Crime No.234/2018 due to which

applicant apprehend his arrest in the crime.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. Earlier applicant had

filed complaint before the Superintendent of Police as well as Collector, Hoshangabad against the complainant and an application under Section 156

(3) of CrPC has also been filed before learned JMFC, Pipariya for taking cognizance against the complainant Kanchan Shukla and others for the

offence punishable under Section 379, 380, 390, 391, 402, 166, 201, 202, 217, 220, 223, 225-A, 34 of IPC due to which complainant lodged the alleged

false report. It is alleged that complainant left the house on 02.05.2018 while she lodged the report on 25.06.2018. Applicant is ready to cooperate in

the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for bail.

In this regard, he also placed reliance on Apex Court judgment passed in the case of Mehfooz Mehmood Khan v. State of Maharashtra reported in

2017 0 Supreme (SC) 563.

Learned counsel for the respondent/State opposed the prayer and submitted that applicant is husband of the complainant and according to the FIR,

applicant used to harass the complainant. Even he lodged false complaint against the complainant and her family members and in the bail application

also he levelled allegation against the complainant regarding her character which also comes under cruelty so, he should not be released on

anticipatory bail.

The Hon’ble Apex Court in his judgement Mehfooz Mehmood Khan (supra) granted bail to the accused looking to the facts and circumstances of

that case and did not lay down any guideline regarding granting bail in the cases like present case. So the above mentioned judgement do not help

applicant much.Â

It is alleged that applicant who is the husband of the complainant used to harass her and also pressurized her to bring Rs.2 lakhs from her father,

when she denied, applicant and other co-accused assaulted her and also threatened her to kill. On 02.05.2018 applicant and other co-accused expelled

her from the matrimonial house after assaulting her. Applicant also filed criminal complaint against the complainant and her family members and inÂ

the bail application also he levelled allegation against the complainant regarding her character, so looking to the facts of the case, this court is not

inclined to grant anticipatory bail to the applicant.

Accordingly, this application is rejected.