Amit @ Radhe Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 14083 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                       BEFORE

           HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                        ON THE 1st OF NOVEMBER, 2022

           MISCELLANEOUS CRIMINAL CASE NO. 48556 OF 2022

       BETWEEN:-

       AMIT @ RADHE PARIHAR S/O SHRI
       PRAKASH PARIHAR, AGE 28 YEARS,
       OCCUPATION AGRICULTURE, R/O DANG
       GUTHINA,   THANA MAHARAJPURA,
       DISTRICT GWALIOR MADHYA PRADESH
                                                                    ........APPLICANT

       (BY SHRI RAJIV SHARMA - ADVOCATE)

       AND

       STATE    OF    MADHYA    PRADESH
       THROUGH POLICE STATION SEEHOR
       DISTRICT SHIVPURI MADHYA PRADESH

                                                                 ........RESPONDENT

       (SHRI C.P. SINGH - PANEL LAWYER FOR STATE)
       (SHRI S.D.S. BHADORIYA - ADVOCATE FOR COMPLAINANT)
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       This application coming on for hearing this day, the Court passed
the following:
                                       ORDER

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.58/2021 registered at Police Station Seehor District Shivpuri for offence under Sections 366, 458, 294, 323, 506, 34 of IPC.

It is submitted by the counsel for the applicant that undisputedly the prosecutrix is major and aged about 20 years. Her marriage with the applicant was fixed and engagement ceremony was also performed, but thereafter the marriage was broken by the family members of the girl. Accordingly, on 08.05.2021 the prosecutrix eloped with the applicant. It is submitted that the applicant has married the prosecutrix. The statement of the prosecutrix has also been recorded under Sections 161 and 164 of CrPC in which she has specifically stated that she had voluntarily gone with the applicant and has married him. Thus, it is submitted that when the applicant and the prosecutrix are living happily as husband and wife, then his prayer for grant of anticipatory bail may be considered sympathetically.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by the counsel for the State that the applicant has a criminal history and seven more criminal cases have been registered against him including under Arms Act as well as under Section 49-A of Excise Act. However, it is fairly conceded that the prosecutrix is major and in her statement recorded under Sections 161 and 164 of CrPC, she has specifically stated that she had voluntarily gone with the applicant and had performed marriage.

Considering the statement of the prosecutrix recorded under Sections 161 and 164 of CrPC as well as considering the criminal antecedents of the applicant, this Court is of the considered opinion that

he can be granted anticipatory bail on stringent condition. Accordingly, 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 09.11.2022, 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 09.11.2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

It is further directed that the applicant shall appear before the S.H.O. Police Station Seehor District Shivpuri on 1st of every month till the conclusion of the trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.11.02 15:08:32 +05'30'