Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16601 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 9 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 41254 of 2023

                           BETWEEN:-
                           KAMLESH S/O CHANDAN KUMAR JI HOTVANI, AGED
                           ABOUT 50 YEARS, OCCUPATION: BUSINESS, R/O: OLD
                           ADDRESS SHOP NO. 10-11 NEAR MUSEUM ABUDHABI
                           AT PRESENT R/O: ADARSH NAGAR, FLAT NO.E -05,
                           INDORE 452001 (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI POURUSH RANKA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION CITY KOTWALI,
                           DIST. MANDSAUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI AMIT RAWAL - GOVERNMENT ADVOCATE AND SHRI
                           SANJAY KUMAR SHARMA - ADVOCATE FOR THE OBJECTOR)

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

Applicant has filed this first anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of anticipatory bail relating to Crime No.473/2023 registered at P.S. City Kotwali, District Mandsaur (M.P.) for commission of offence punishable under Sections 498-A, 377, 506, 354, 354-A and 34 of IPC.

2. As per the prosecution story, present applicant got married with the complainant on 07.02.2006 and they are having a daughter Roshni aged about Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 10-10-2023 11:41:13

16 years and a son Veer aged about 13 years from their wedlock. Since 2014- 15, the applicant became violent and compelled the complainant to establish unnatural sexual relationship with him and the parents of the applicant are also harassing the complainant while they were visiting the house of the present applicant. On 05.08.2022, when the complainant came to her maternal house, at that time, present applicant also reached there and has beaten her, then establish unnatural sexual relationship with him. Applicant is having extra-marital affairs. After that, complainant lodged an FIR at P.S. City Kotwali, District Mandsaur.

3. Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. He is residing at Abu

dhabi (Dubai). Complainant pressurized him to reside with her in Mandsaur. He is not ready to come down and settle in Mandsaur. After a lapse of 17 years of their marriage, complainant has lodged frivolous FIR against him. The story of the prosecution is completely unnatural and improbable. Other co-accused Kamla Devi and Chandan Kumar have been enlarged on anticipatory bail vide order dated 26.08.2023 passed by the 5th ASJ, Mandsaur. Applicant is a permanent resident of district Indore. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Learned counsel for the applicant has placed reliance upon the order dated 21.09.2023 passed by the co-ordinate bench of this Court in the case of Umang Singhar Vs. State of Madhya Pradesh passed in MCRC No.59600/2022.

5. Per-contra, learned counsel for respondent/State opposes the bail Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 10-10-2023 11:41:13

application and prays for its rejection by submitting that one criminal antecedent has been found against the present applicant. Hence, he is not entitled to be released on bail.

6. learned counsel for objector opposes the bail application and prays for its rejection by submitting that complainant and her minor daughter were subjected to assault by the applicant while they were residing at Dubai and their MLCs were conducted in Dubai. Applicant is still pressurizing and threatening them for life. Applicant did not file his own affidavit in support of the anticipatory bail application. Some photographs have also been filed to prove the cruelty of the applicant. Hence, applicant is not entitled to be released on anticipatory bail.

7 . Perused the case diary as well as the impugned order of the court below.

8. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that prosecutrix has lodged an FIR against the present applicant and specific allegation has been levelled against the applicant, which is well supported by the statement of the complainant recorded under Section 164 of Cr.P.C. and MLC reports.

9. In view of the aforesaid evidence, at this stage, this Court stage is not

inclined to grant anticipatory bail to the present applicant.

10. Accordingly, the present anticipatory bail application filed under Section 438 of Cr.P.C. is hereby rejected.

11. However, concerning police authorities are directed to ensure the necessary compliance of judgment dated 31.07.2023 passed by Hon'ble the

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 10-10-2023 11:41:13

Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Others) regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 10-10-2023 11:41:13