Mr.Karronn Bajaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 8128 MP

                                                 1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                          ON THE 20th OF JUNE, 2022

                                 MISC. CRIMINAL CASE No. 22020 of 2022

                           Between:-
                           MR.KARRONN BAJAJ S/O NARESH BAJAJ ,
                           AGED   ABOUT      28    YEARS, OCCUPATION:
                           BUSINESS R/O AT-E-101, LA-VIDA-LOCA, PIMPLE
                           SAUDAGAR, PUNE (MAHARASHTRA)

                                                                          .....PETITIONER
                           (BY SHRI AASHUTOSH SHRIVASTAVA, ADVOCATE WITH SHRI
                           HIMANSHU TIWARI, ADVOCATE)

                           AND

                           THE STATE OF MADHYA PRADESH THROUGH
                           THE INSPECTOR OF POLICE IN-CHARGE
                           PRIVAAR   PARMARSH KENDRA MAHILA
                           THANA, BHOPAL (MADHYA PRADESH)

                                                                         .....RESPONDENT
                           (BY SHRI VED PRAKASH TIWARI, GOVERNMENT ADVOCATE)

                                 MISC. CRIMINAL CASE No. 22191 of 2022

                           Between:-
                      1.   MRS. JAYA NARESH BAJAJ, W/O NOT
                           MENTION,   AGED    ABOUT  53   YEARS,
                           OCCUPATION: HOME MAKER, R/O E-101, LA-
                           VIDA-LOCA,  PIMPLE   SAUDAGAR,   PUNE
                           (MAHARASHTRA)

                      2.   MR. NARESH RUPCHAND BAJAJ S/O NOT
                           MENTION,   AGED    ABOUT     53   YEARS,
                           OCCUPATION: BUSINESS, R/O E-101, LA-VIDA-
                           LOCA,    PIMPLE     SARDAGAR,       PUNE
                           (MAHARASHTRA)

                      3.   MR. ADIYA BAJAJ S/O NOT MENTION , AGED
Signature
 SAN      Not              ABOUT 24 YEARS, OCCUPATION: BUSINESS, R/O
Verified
                           E-101, LA-VIDA-LOCA, PIMPLE SARDAGAR,
Digitally signed by        PUNE (MAHARASHTRA)
SUNIL KUMAR
PATEL
Date: 2022.06.20
17:59:40 IST
                                                          2
                                                                                      .....APPLICANTS
                              (BY SHRI AASHUTOSH SHRIVASTAVA, ADVOCATE WITH SHRI
                              HIMANSHU TIWARI, ADVOCATE)

                              AND

                              THE STATE OF M.P. THROUGH THE INSPECTOR
                              OF POLICE IN CHARGE, PRAVAAR PARMARSH
                              KENDRA MAHILA THANA, BHOPAL (MADHYA
                              PRADESH)

                                                                                     .....RESPONDENT
                              (BY SHRI VED PRAKASH TIWARI, GOVERNMENT. ADVOCATE )

                            These applications coming on for hearing on this day, the court passed
                      the following:
                                                          ORDER

These are the first bail applications filed on behalf of the applicants/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of their arrest in connection with Crime No.48/2022, registered at Police Station Mahila Thana, District Bhopal (M.P.) for the offences punishable under Sections 498-A and 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act.

Learned counsel appearing for the applicants submitted that applicants will cooperate in trial and will appear before Investigating Officer as and when required. It is submitted that no cause of action has arisen in Madhya Pradesh, therefore, Police Station Mahila Thana, Bhopal has no jurisdiction to register an FIR and investigate the offence. It is submitted that applicants are innocent and falsely been implicated in the case. It is submitted that as per the direction of Apex court in the case of Arnesh Kumar vs. State of Bihar, reported in 2014 (8) SCC 273, arrest is only to be made in case of offence punishable with Signature SAN Not Verified 7 years imprisonment if there is apprehension that applicants will flee from law Digitally signed by SUNIL KUMAR PATEL or will tamper with evidence or witnesses of the case. No such apprehension Date: 2022.06.20 17:59:40 IST

has been expressed by the prosecution. In view of same, learned counsel prays for grant of anticipatory bail to applicants.

Learned Government Advocate appearing for the respondent/State opposed the application for grant of anticipatory bail.

Since the applicants are ready to cooperate in trial and investigation of the case and in view of judgment of Hon'ble Apex Court passed in case of Arnesh Kumar (supra), anticipatory bail applications filed by applicants are allowed on condition that applicants will cooperate in trial and appear before Investigating Officer for investigation of case as and when notice stands required by concerned I.O.

It is ordered that in the event of arrest of applicants in connection with the aforesaid crime number and the offences, they be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

The applicants are directed to join the investigation immediately and to co-operate with the investigating agency.

They will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2022.06.20
17:59:40 IST