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Anand Sharma vs The State Of Madhya Pradesh Thr on 20 November, 2017

M.Cr.C.No.20625/2017
(Anand Sharma vs. State of M.P.)

Gwalior, dated: 20.11.2017
Shri V.K. Saxena, learned senior counsel, with Shri
R.K. Joshi, learned counsel, for the applicant.
Shri Vivek Bhargava, learned Public Prosecutor for
the respondent/State.

Shri Suresh Agrawal, learned counsel for
complainant Smt. Arti Sharma.

On due consideration, IA No.21713/2017 moved
on behalf of the complainant under Section 301(2) of the
Cr.P.C. is allowed and the counsel engaged by her is
permitted to assist the learned Public Prosecutor.

Heard arguments.

Perused case diary and material on record.
This is the first bail application filed by the
applicant under Section 438 of the CrPC for grant of
anticipatory bail as he apprehends his arrest in Crime
No.100/2017 registered at Mahila Police Station Padav
Gwalior against him and other co-accused persons
namely Dropadi, Ramveer and Kiran, who are his
mother, brother and Bhabhi respectively for the offence
punishable under Sections 498-A read with 34 of the
IPC.

According to the prosecution, on 21.09.2017
complainant Arti Sharma lodged the FIR stating that she
got married to the applicant on 29.06.2006. Co-accused
Dropdi, Ramveer and Kiran are her mother-in-law, Jeth
and Jethani respectively. They used to torture and
M.Cr.C.No.20625/2017
(Anand Sharma vs. State of M.P.)

harass her physically and mentally by forcing her to
bring Rs.2,00,000/- (two lacs) from her parents in dowry.
On 06.08.2017, they expelled her out of the matrimonial
home with her son Akshay aged about seven years.

Learned senior counsel for the applicant submits
that the complainant has filed the false report against
the applicant and the co-accused persons upon trivial
family disputes. He submits that the applicant has so far
near about ten years long marital life with the
complainant, therefore, even a reasonable man would
say that it is not a case of dowry related cruelties. He
submits that the Court below has granted anticipatory
bail to all the co-accused persons. He submits that
looking to the allegations levelled against the applicant,
his custodial interrogations are not required. He submits
that the applicant has no criminal antecedents and that
he is a permanent resident of Gwalior city. He assures
on behalf of the applicant that he would cooperate the
Investigating Officer in the investigation of the case.
Upon these submissions, he prays for grant of
anticipatory bail to the applicant.

Learned Public Prosecutor opposes the prayer for
grant of anticipatory bail to the applicant.

Learned counsel for the complainant submits that
the complainant has filed two cases against the
applicant before the Additional Principal Judge, Family
Court Gwalior (Shri Sanjay Kumar Dwivedi) being
M.Cr.C.No.20625/2017
(Anand Sharma vs. State of M.P.)

M.Cr.C. No.511/2017 case title Arti Sharma Vs. Anand
Sharma under Section 125 of the Cr.P.C. and Case
No.919-A/2017 case title Arti Sharma Vs. Anand Sharma
under Section 9 of Hindu Marriage Act. Both the cases
are fixed for the appearance of the applicant on
12.12.2017. The applicant has been avoiding the service
of notices upon him in both the cases. Therefore, he
strongly opposes the prayer for grant of anticipatory bail
to the applicant in the present case.

At this stage, learned senior counsel for the
applicant undertakes that the applicant shall appear in
both the cases on 12.12.2017.

Taking into consideration the facts and
circumstances of the case, the submissions raised on
behalf of the parties by their counsel, the nature of
allegations levelled against the applicant and the fact
that the Court below has already granted anticipatory
bail to the co-accused persons, but without commenting
on merits of the case, I deem it proper to grant
temporary anticipatory bail to applicant Anand Sharma
upon following conditions:-

(1) The applicant shall appear before the
Investigating Officer on or before 04.12.2017
for interrogations and submission of
documentary proofs of his permanent address
and contact numbers, if any. The Investigating
Officer is ordered that if he takes the applicant
M.Cr.C.No.20625/2017
(Anand Sharma vs. State of M.P.)

in the custody, then he will release the
applicant on temporary anticipatory bail till
18.12.2017 upon his executing a personal
bond in the sum of Rs.40,000/- (Rupees Forty
Thousand only) with one solvent surety of the
same amount to his/her satisfaction.
(2) The applicant shall mark his presence in the
aforestated two cases on 12.12.2017 before
the concerned family Court and he will submit
the certified copies of the appearance in the
aforestated two cases before this Court on
18.12.2017. On that day, the Court shall
consider whether the applicant is entitled to
get permanent anticipatory or not?

The SHO of Mahila Police Station Padav Gwalior
is directed to initiate immediately reconciliation
proceedings as per the directions issued by Hon’ble the
Supreme Court in the Cr.A.1265/2017 title Rajesh
Sharma and others Vs. State of U.P. vide order dated
27.07.2017.

Learned counsel for the parties are requested to
direct the applicant and the complaint to appear in
person before the SHO of the said Police Station first
time on 27.11.2017 for reconciliation proceedings before
noon and thereafter on all such other dates as may be
fixed by in this regard.

The SHO is directed to apprise in writing this Court
M.Cr.C.No.20625/2017
(Anand Sharma vs. State of M.P.)

regarding the outcome of the reconciliation proceedings.

It is made clear that if the applicant fails to appear
before the Investigating Officer on 05.12.2017, then this
order shall automatically stand cancelled.

A copy of this order be sent to the SHO of Mahila
Police Station Padav Gwalior through the learned Public
Prosecutor for information and compliance.

List the case for consideration of grant of
permanent anticipatory bail on 18.12.2017.

Certified copy as per rules.

(Rajendra Mahajan)
Judge
SS

SATEESH Digitally signed by SATEESH KUMAR SEN
DN: cIN, oHIGH COURT OF M.P. BENCH
GWALIOR, ouHIGH COURT OF M.P.

KUMAR
BENCH GWALIOR, postalCode474011,
stMadhya Pradesh,
2.5.4.20d6e4e6980f6f8948896d87cf6ac
7f84f7f9edf70912bc199b07f487e0c29c8

SEN
00, cnSATEESH KUMAR SEN
Date: 2017.11.22 15:49:14 +05’30’

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