Madhya Pradesh High Court
Niyanta Gupta vs The State Of Madhya Pradesh on 4 December, 2021
Author: Satyendra Kumar Singh
1 M.Cr.C.No.56771/2021
(Niyanta 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 438 of Cr.P.C. on behalf of
the applicant for grant of bail as well as I.A.No.29057/2021, which is an
objection filed by the objector/complainant.
This is first application filed under Section 438 of Cr.P.C for grant of
anticipatory bail to the applicant, who is apprehending her arrest 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's brother and
complainant's marriage was solemnized on 14.7.2013. After the marriage of
the complainant behaviour of the applicant alongwith her 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 which FIR dated 24.1.2021 was lodged
against the applicant and her other family members.
(Niyanta Gupta Vs. State of M.P.)
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 is pursuing her job at United Kingdom
since long time and also while residing in India, she used to live separately
from the applicant and complainant. She has falsely been implicated in the
matter. Her custodial interrogation is not required in the matter, therefore,
prayer is made to enlarge the applicant on anticipatory 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 her 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 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
(Niyanta Gupta Vs. State of M.P.)
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, she 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. Applicant is a young lady and her custodial
interrogation seems not required in the matter, therefore, 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 anticipatory bail, hence, the application
is allowed.
It is directed that in the event of arrest of the applicant, she shall be
enlarged on anticipatory bail upon her 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 Arresting Officer for her appearance
before the trial Court on all dates and for complying with the conditions
enumerated in sub-section (2) of Section 438 of the Code of Criminal
Procedure.
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
17:09:56 +05'30'
