Madhya Pradesh High Court

Sunil Verma vs The State Of Madhya Pradesh on 30 October, 2018

1 MCRC-42598-2018
The High Court Of Madhya Pradesh
MCRC-42598-2018
(SUNIL VERMA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 30-10-2018

Shri Manish Datt, Senior Counsel with Shri Pawan Gujar,

Advocate for the applicants.
Shri Vivek Lakhera, Govt. Adv. for the respondent/State.

Shri Sushil Kumar Tiwari, Advocate for the objector.
Heard with the aid of case diary.

This is the first application under
Section 438
of Cr.P.C. as the
applicants apprehend their arrest in connection with Crime
No.861/2018 registered at Police Station Adhartal, Distt. Jabalpur
(MP) for the offence punishable under
Sections 307
and
498A
/
of
the IPC and also
Sections 3
and
of the Dowry Prohibition Act.

As per prosecution case, applicants Sunil Verma and Smt. Jyoti
Verma are father-in-law and mother-in-law respectively of
complainant Swalpa and co-accused Shaleen Verma, husband of the

complainant demanded dowry and used to harassed her. On
27/9/2018 at about 7.30 p.m. applicant no.1 Sunil assaulted the
complainant by fist and applicant no.2 Jyoti also assaulted her and co-
accused Shaleen also assaulted her by knife due to which she
sustained injury. On that, police registered the Crime No.861/2018
for the offences punishable under
Sections 307
and
498A
/
of the
IPC and also
Sections 3
and
of the Dowry Prohibition Act.

Learned counsel for the applicants submits that the applicants
are innocent and have falsely been implicated in this case. They have
no criminal past. From the FIR, no offence under
Section 307
of the
IPC is made out against the present applicants. They are ready to

Digitally signed by MONIKA

CHOURASIA

Date: 31/10/2018 16:21:52

2 MCRC-42598-2018
cooperate in the investigation and trial. In the event of arrest, their
reputation will be ruined. Under these circumstances, applicants pray
for anticipatory bail.

Learned counsel for the State as well as objector opposes the
prayer and submitted that the applicants used to harassed the

complainant and also assaulted her. So, they should not be released
on anticipatory bail.

On due consideration and contention raised by the learned
counsel for the applicants and as to the fact that the applicants are the
father-in-law and mother-in-law of the complainant, so without
expressing any view on the merits, this application is allowed. It is
directed that in the event of arrest of applicants by the Police in the
aforesaid crime, the applicants namely Sunil Verma and Jyoti Verma
shall be released on bail on their furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent
surety in the like amount to the satisfaction of the Arresting officer
(Investigating Officer) for their regular appearance before the Police
during the investigation or before the Court during trial.

This order will remain operative subject to compliance of the
following conditions by the applicants :-

1. The applicants will comply with all the terms and conditions of the
bond executed by them ;

2. The applicants will cooperate in the investigation/trial, as the case
may be;

3. The applicants will not indulge themselves in extending
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him/her from disclosing such facts to the

Digitally signed by MONIKA

CHOURASIA

Date: 31/10/2018 16:21:52

3 MCRC-42598-2018
Court or to the Police Officer, as the case may be;

4. The applicants they are accused;

5. The applicants will not seek unnecessary adjournments during the
trial; and

6. The applicants will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Station House
Officer for compliance.

C.C. as per rules.

(RAJEEV KUMAR DUBEY)
JUDGE

m/-

Digitally signed by MONIKA

CHOURASIA

Date: 31/10/2018 16:21:52