Madhya Pradesh High Court
Adhish Gupta vs The State Of Madhya Pradesh on 4 December, 2021
Author: Satyendra Kumar Singh
1 M.Cr.C.No.55454/2021
(Adhish Gupta Vs. State of M.P.)
Indore : Dated 4.12.2021
Shri A.M.Mathur, learned senior counsel with Shri Ashish Gupta
and Shri Vaibhav Asawa, learned counsel for the applicant.
Shri Aditya Garg, learned Govt.Advocate with Shri Hemant
Sharma, learned Panel Lawyer for the respondent/State.
Shri V.K.Jain, learned senior counsel with Shri Prateek
Maheshwari, learned counsel for the objector/complainant.
Heard on application filed under Section 439 of Cr.P.C. on behalf
of the applicant for grant of bail as well as I.A.No.28628/2021, which is
an objection filed by the objector/complainant.
This is first application filed under Section 439 of Cr.P.C for grant
of bail to the applicant, as he has been arrested in connection with Crime
No.516/2021, registered at Police Station, Vijay Nagar, Indore, District
Indore (M.P.) for commission of offence punishable under Section 498-
A, 406, 323, 328, 34 of IPC and under Section 3, 4 of Dowry Prohibition
Act.
Prosecution story, in brief, is that applicant and complainant's
marriage was solemnized on 14.7.2013. After the marriage of the
complainant behaviour of the applicant alongwith his other family
members suddenly changed and they started harassing and ill-treating the
complainant. They were making unreasonable demands for money,
jewelry and other valuables from the complainant. They conspired
secretly and administered the complainant herbal medicine namely;
"Purnachandroday Parad Ras" without her knowledge and consent. The
herbal medicine contains large quantity of mercury and sulfur. They used
to picked up a fight with the complainant on an unnecessary issues and
made hurtful comments to hurt the complainant. They tried to send back
to her paternal home and finally on 27.4.2019 they brutally assaulted the
complainant and sent back her to her paternal home. Thereafter,
complainant made a written complaint narrating the entire incident on
(Adhish Gupta Vs. State of M.P.)
which FIR dated 24.1.2021 was lodged against the applicant and his
other family members.
Learned counsel for the applicant submits that prior to 22.5.2021
there were no allegations against the applicant or his family members
with regard to the demand of dowry or cruelty. Complainant was
suffering from sexual dis-function and lack of sexual vitality, therefore,
she took "Purnachandroday Parad Ras", which is an Ayurvedic
aphrodisiac and has no side effects. It is used to treat sexual dis-function
in both women and men. It is manufactured by several well known
Ayurvedic manufacturers like Baidyanath, Shri Venketashwara Ayurved
Ltd. etc. Complainant suffers from other sexual problem and having
trouble in conceiving since year 2015 and has undergone vaginal dilation
procedure and visited IVF centre for her treatment at Pune. The whole
expenses pertaining to the treatment of the complainant have been borne
by the applicant. Applicant filed a divorce petition on 30.4.2021 due to
which as a counter blast this false and baseless complaint has been filed.
The offence under Section 328 of IPC is not made out against the
applicant. FIR is delayed by more than eight years without any
reasonable cause. Applicant has falsely been implicated in the matter. He
is a young boy with entire future ahead of him. He is in custody since
since 29.10.2021. Trial will take time for its conclusion, therefore, prayer
is made to enlarge the applicant on bail. Learned counsel for the
applicant has relied on the judgments of Hon'ble Supreme Court in the
case of Joseph Kurian Philip Jose Vs. State of Kerala, (1994) 6 SCC
535 and Ram Khelawan Vs. State of M.P. (now Chhattisgarh), 2014
SCC Online Chh.29 to bolster his submissions.
Learned counsel for the respondent/State as well as learned
counsel for the objector/complainant have opposed the application and
submit that when applicant alongwith his family members started
atrocities on complainant she wrote a letter dated 9.11.2013 and
19.5.2014 to her maternal uncle, who made a written complaint dated
(Adhish Gupta Vs. State of M.P.)
21.6.2014 at Police Station, M.G.Road, Indore against the applicant and
his family members. Therefore, it is not correct to say that complainant
has made complaint as a counter blast to the divorce petition filed by the
applicant. During investigation as per expert opinion herbal medicine
administered to the complainant is found a slow poison. It has been
administered to the complainant secretly without prescription of any
doctor due to which complainant has serious complications. The
allegations alleged against the applicant are of very serious nature,
therefore, he is not entitled for bail.
As per prosecution case initially case was registered for the
offences punishable under Section 498-A, 406, 323 of IPC and Section
3/4 of Dowry Prohibition Act. Thereafter, on receiving the expert opinion
with regard to herbal medicine namely; "Purnachandroday Parad Ras"
an offence under Section 328 of IPC has been added. Except, offence
punishable under Section 328 of IPC all other offences are punishable
with an imprisonment for not more than seven years, therefore,
considering the fact that the applicant is in custody since 29.10.2021 and
his further custodial interrogation is not required and also considering the
ingredients of Section 328 of IPC and the allegations made against the
applicant, without commenting on merits, this Court is of the view that
the applicant deserves to be enlarged on bail, hence, the application is
allowed.
It is directed that the applicant is directed to be released on bail
upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with a solvent surety in the like amount to the
satisfaction of the concerned Court for his appearance before the trial
Court on all such dates as may be fixed in this behalf by the trial Court
during the pendency of trial. It is further directed that applicant shall
comply with the provisions of Section 437 (3) of Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
concerned Jail Authority is directed to follow the directions/guidelines
(Adhish Gupta Vs. State of M.P.)
issued by the Government with regard to COVID-19 before releasing the
applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2021.12.06
17:08:11 +05'30'
