Kamlesh Maithil vs The State Of Madhya Pradesh
2022 Latest Caselaw 7072 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 10th OF MAY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 23422 of 2022

         Between:-
1.       KAMLESH MAITHIL S/O SHRI SHYAMBABU
         MAITHIL AGED 35 YEARS R/O RUTHIYAI
         TEHSIL- RAGHOGARH, POLICE STATION -
         DHARNAVADA,    DISTRICT-GUNA-MADHYA
         PRADESH

2.       GAURAV MAITHIL S/O SHRI SHYAMBABU
         MAITHIL AGED 28 YEARS R/O RUTHIYAI
         TEHSIL-RAGHOGARH,  POLICE  STATION-
         DHARNAVADA DISTRICT GUNA, MADHYA
         PRADESH

                                                             .....APPLICANTS
         (BY SHRI HARISH DIXIT - ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH, THROUGH
         POLICE STATION DHANRAVADA DISTRICT
         GUNA, MADHYA PRADESH

                                                            .....RESPONDENT
         (BY MS. KALPANA PARMAR - ADVOCATE )

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicants have been arrested on 1/4/2022 in connection with Crime No.418/2021 registered at Police Station Dhanravada, District Guna for offence

under Sections 498-A, 323, 313 of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicants that the applicant no.1 is the Jeth of the complainant and applicant no.2 is the husband of the complainant. According to the prosecution case, the complainant was married to applicant no.2 on 28/11/2019 in accordance with Hindu rites and rituals. It was alleged that from the year 2020, the applicants and other in-laws started harassing and treating her with cruelty on the allegations that her father has given less dowry and she should bring more dowry. In the meanwhile, she became pregnant. It was alleged that on 13th or 14/8/2021 she was taken to Ruthiyai

High School on the pretext that one injection is to be given. One injection was given by Nurse and in the night health of the complainant deteriorated, as a result, she was taken to Guna Kanchan Medical and thereafter miscarriage took place. It is submitted that camps are organized for vaccination of toddlers as well as pregnant women. On 13/8/2021 also a camp was organized and first DT injection was given to the complainant. Miscarriage took place for other reason, but no attempt was made for abortion. The applicants are in jail from 1/4/2022. The Trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the query report given by the ANM, CHC Ruthiyai, District Guna, it is submitted that a camp was organized and first DT injection was given to the complainant on 13/8/2021 and no miscarriage can take place because of that injection.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed

that the applicants be released on bail on furnishing a personal bond in the sum o f Rs.1,00,000/- (Rupees One Lac) each with one surety each 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.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 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 Arun* ARUN KUMAR MISHRA 2022.05.10 17:11:24 +05'30'