Prathvi vs The State Of Madhya Pradesh
2022 Latest Caselaw 783 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2425/2022 (PRATHVI Vs THE STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 17/01/2022

Shri Ravi Dwivedi, Counsel for applicant.

Ms. Kalpana Parmar, Counsel for State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 28.12.2021 in connection

with Crime No.112/2021 registered by Police Station - Asvaar, Tahsil

Lahar, District Bhind for offence punishable under Sections 420, 467,

468, 471, 120-B of IPC.

It is submitted by Counsel for the applicant that applicant is an

old and infirm person aged about 74 years. According to the

prosecution case, the complainant was interested to get married and

the allegations are that the applicant arranged marriage of

complainant with a lady by projecting that her name is Poonam and

an amount of Rs.45,000/- was also paid to the applicant in the name

of expenses. The marriage was performed but lateron it was found

that the said Lady was not Poonam and one Rinku Khan claimed that

said lady is his wife whose name is Shabina Begum. It is submitted

that even if the entire allegations are accepted, it cannot be said that

the applicant had deliberately introduced the complainant with an

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2425/2022 (PRATHVI Vs THE STATE OF MADHYA PRADESH)

already married lady. He is an old infirm person aged about 74 years.

He is in jail from 28.12.2021. In the wake of third wave of COVID-

19 pandemic, his incarceration would be detrimental to his health.

The trial is likely to take sufficiently long time. There is no possibility

of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State.

Considering the old age of the applicant, and without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a personal

bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one

surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.01.18 11:17:54 +05'30'