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Deepak Sharma vs The State Of Madhya Pradesh on 19 June, 2019

-1- MCRC NO.23271/2019
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.23271/2019
(Deepak Sharma s/o Nemichand Sharma vs. State of M.P)
19.06.2019 (INDORE):
Shri Vivek Sharan, learned counsel for the applicant.
Shri Pavan Sharma, learned Public Prosecutor for the
respondent/State.

Heard with the aid of case diary.

This is first application under Sectionsection 439 Cr.P.C seeking
bail in connection with Crime No.159/2019 registered at Police
Station Raoji Bazar, Indore for the offence punishable under
Sectionsections 354, Section354-D, Section507 IPC and under section 3(1)W of the
Scheduled Castes SectionScheduled Tribes (Prevention of Atrocities)
Act.

The aforesaid criminal case has been registered against the
applicant on a complaint made by the cousin sister of the wife of
the applicant. According to the complainant applicant is
pressurizing her for marriage and also sending messages from his
mobile. The applicant belongs to unreserved category whereas
complainant belongs to reserved category. The statement of the
complainant has been recorded under Sectionsection 164 of the Cr.P.C
in which she has supported the allegation made in the FIR. The
applicant has been arrested by the Police and he is in custody
since 04.06.2019 and his mobile has been recovered.

-2- MCRC NO.23271/2019
Shri Vivek Sharan, learned counsel for the applicant
submitted that the applicant has been falsely implicated in the
case. He is having matrimonial dispute with his wife and at her
instance her cousin sister has falsely implicated him. She herself
is sending messages to the applicant which are part of the case
diary. The investigation has almost been completed. The
conclusion of trial would likely to take long time, hence prayed
for release of the applicant on bail.

Learned Public Prosecutor opposes the bail application.
Applicant’s wife Neha Sharma has also made statements
against him that he used to assault her for his marriage with her
sister/complainant. She is also opposing his bail application.

The offence under Sectionsections 354-D of IPC is only bailable
but offence under Sectionsection 354 IPC is non-bailable. Considering
the facts and circumstances of the case and the material available
against the applicant in the case diary, the application is
dismissed.

C.c as per rules.

(VIVEK RUSIA)
JUDGE
hk/ Digitally signed by Hari Kumar
Nair
Date: 2019.06.20 17:07:43 +05’30’

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