Madhya Pradesh High Court
Murlidhar Thakre vs The State Of Madhya Pradesh on 28 September, 2021
Author: Sunita Yadav
1 MCRC-43275-2021
The High Court Of Madhya Pradesh
MCRC-43275-2021
(MURLIDHAR THAKRE AND OTHERS Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 28-09-2021
Heard through Video Conferencing.
Shri Sanjay Sharma, learned counsel for the applicants.
Ms. Uma Malviya, learned Panel Lawyer for the respondent/State.
Heard on this first application for anticipatory bail under Section
438 of the Code of Criminal Procedure filed on behalf of the applicant.
The applicants apprehending their arrest in connection with Crime
No.386/2201 registered at Police Station-Waraseoni, District-Balaghat
(M.P.) for commission of offence punishable under Sections 498-A, 354,
354(k) 294, 323, 506, 34 of IPC and Section 3/4 of the Dowry
Prohibition Act.
The prosecution case in brief is that on 17.08.2021, the
complainant Deepti made a report alleging harassment for demand of
dowry and cruelty against her by the applicants. The police has
registered an FIR under Section 498-A, 354, 354(k) 294, 323, 506, 34 of
IPC and Section 3/4 of the Dowry Prohibition Act.
Learned counsel for the applicants submitted that applicants were
innocent and have been falsely implicated. No cruelty, harassment
committed by the applicants and the competent Courts have also not
found such allegations to be true in earlier cases filed by the
complainant. In support of their contention, the applicants have filed the
order of the Family Court dated 27.09.2018 (Annexure A/3), judgment
of First Additional Sessions Judge, Balaghat dated 16.12.2020 and order
dated 14.02.2019 passed in RCSHM 47/2017 by First Additional
District Judge.
Learned counsel for the applicants further submitted that applicant
Signature Not Verified
SAN
Digitally signed by SHUBHAM THAKKER
Date: 2021.09.29 16:21:32 IST
2 MCRC-43275-2021
No.1 Murlidhar Thakre had filed written complaint against the
complainant regarding misbehavior towards them and because the
competent Courts have not found any merits on the allegations made by
the complainant against them, therefore, she has filed this false report. He
further submitted that the First Additional District Judge, Waraseoni has
directed the complainant to live with her husband while passing a decree
for restitution of conjugal rights passed in judgment dated 14.02.2019.
Since, the complainant does not want to live with her husband (applicant
No.3), therefore, she has falsely implicated all family members in the
present case. Therefore, he prays to release the applicants on
anticipatory bail.
On the contrary, learned Panel Lawyer for the State submitted that
looking to the allegations made in the FIR lodged by the complainant, the
applicants should not be granted anticipatory bail.
Considering the arguments rendered by both the parties and on
perusal of earlier judgments passed by competent Courts in which
allegations regarding harassment and domestic violence for want of
dowry have not been proved and also the written complaint filed by the
applicants, without commenting anything on merits, the anticipatory bail
is allowed.
It is directed that the applicants-(1) Murlidhar Thakre (2) Smt.
Mahakre (3) Navneet Thakre shall appear before the Investigating
Officer on or before 29.11.2021. It is further directed that in the event of
arrest, applicants be released on bail, on executing a personal bond in the
sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent
surety each in the like amount to the satisfaction of the Investigating
Officer/trial Court. They shall further abide by other conditions
enumerated under Section 438 (2) of the Code of Criminal Procedure.
Signature Not Verified
SAN
If the applicants do not appear before the Court
Digitally signed by SHUBHAM THAKKER
Date: 2021.09.29 16:21:32 IST
3 MCRC-43275-2021
concerned/Arresting Officer on or before 29.11.2021., the order passed
by this Court shall stand cancelled.
Certified copy as per rules.
(SUNITA YADAV)
JUDGE
Shub
Signature Not Verified
SAN
Digitally signed by SHUBHAM THAKKER
Date: 2021.09.29 16:21:32 IST
