Madhya Pradesh High Court
Pramod Sharma vs The State Of Madhya Pradesh on 20 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.CrC.62518/2021
Pramod Sharma v. State of M.P
Through video conferencing
Gwalior, Dated: 20.01.2022
Shri Prakhar Dhengula, Counsel for the applicant.
Ms.Kalpana Parmar, Counsel for the State.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been
filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No. 628/2021 registered at Police Station Kotwali Distt.
Ashoknagar for offence under Section(s) 294, 506, 195-A, 190 r/w
Section 34 of I.P.C.
It is submitted by the Counsel for the applicant that the
applicant is elder brother- in- law (jeth) of the complainant. Earlier
the applicant was also prosecuted for offence under Section 498-A of
IPC, but he was acquitted. It appears that the application under
Section 125 of Cr.P.C has been filed by the complainant against her
husband. The allegations are that the applicant had threatened the
complainant to withdraw her application under Section 125 of Cr.P.C.
It is submitted that the applicant has nothing to do with the family
affairs of the complainant and her husband. The applicant is residing
separately. Whether the husband of the complainant is making the
payment of maintenance amount regularly or not is immaterial for
the applicant, as no recovery can be initiated against the applicant,
even, in case, if the husband of the complainant commits any default.
2
THE HIGH COURT OF MADHYA PRADESH
M.CrC.62518/2021
Pramod Sharma v. State of M.P
The applicant is ready and willing to co-operate in the investigation.
The Trial is likely to take sufficiently long time and there is no
possibility of his absconding or tampering with prosecution
witnesses.
Per contra, the application is vehemently opposed by the
Counsel for the State.
Considering the facts and circumstances of the case and
without commenting on the merits of the case, the application is
allowed subject to condition that if the applicant appears before the
Investigating Officer (Arresting Officer) on or before 27.01.2022, he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac) with one surety in the like
amount to the satisfaction of the Arresting Officer (Investigating
Officer).
The applicant shall make himself available for interrogation by
the Investigating Officer as and when required. He shall further abide
by the other conditions enumerated in sub-section (2) of Section 438
of Cr. P. C.
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
27.01.2022
, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take him in custody.
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
THE HIGH COURT OF MADHYA PRADESH
M.CrC.62518/2021
Pramod Sharma v. State of M.P
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2022.01.21
11:27:30 +05'30'
