Thursday, March 26, 2015

498a on a police constable !!

Wife runs away from home and files 498a !! Hubby, a police constable runs for bail!! All after five years of love !!

 

"…Smt. Shobha Baghel had been in love with the applicant/accused for five years before her marriage, thereafter her marriage was solemnized with the applicant/accused, who is a constable and posted at Bhopal where the victim used to reside only for 4-5 months. …."

"....On perusal of the case diary it is evident that the missing report (Annexure A-3) was lodged by the applicant/accused on 04-05-2014. The application under Section 9 of the Hindu Marriage Act (Annexure A-5) has been filed by the applicant/accused on 11-11-2014. Thereafter, the report was lodged at Police Station Lakhanwada, Dist. Seoni by the victim/complainant. No report was lodged by the victim at Bhopal where she was residing with her husband i.e. applicant/accused. There is no kind of recovery to be made from the applicant/accused in this case....."

 

Bail granted by Hon HC!!

 

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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Madhya Pradesh High Court

 

MCRC-3699-2015

 

DIGVIJAY SINGH BAGHEL Vs THE STATE OF MADHYA PRADESH

 

11-03-2015

 

Smt. Indu Pandey, learned counsel for the applicant/accused.

Ku. Hemlata Kshatriya, learned P.L. for the respondent/State.

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Case diary is available.

 

This is the first bail application filed by the applicant-accused under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail apprehending his arrest in connection with Crime No. 38/2015 registered at Police Station Lakhanwada, District Seoni for the offences under Sections 498-A, 323 and 506 r/w 34 of the IPC.

 

Learned counsel for the applicant/accused submits that the victim Smt. Shobha Baghel had been in love with the applicant/accused for five years before her marriage, thereafter her marriage was solemnized with the applicant/accused, who is a constable and posted at Bhopal where the victim used to reside only for 4-5 months. After that she left the applicant/accused's house on 04-05-2014. In this regard a missing report (Annexure-3 ) was lodged by the applicant/accused at the Police Station Kamla Nagar, Bhopal. After then she returned to the applicant/accused's house and again she left his house before 07-11-2014. Thereafter, she has been living in her parental house at village Jaitpurkala, Lakhanwada. Counsel further pleads that the applicant/accused has filed an application under Section 9 of the Hindu Marriage Act (Annexure A-5) for restitution of conjugal rights, thereafter the victim submitted a written report at Police Station, Lakhanwada on the basis of false and fabricated facts. The Police Station Lakhanwada, Dist. Seoni has no jurisdiction to entertain the said complaint as the alleged incident happened at Bhopal. The allegations made against the applicant/accused for demand of Rs. 15 lakh and a four wheeler vehicle are totally false and concocted. On the aforesaid grounds, learned counsel has prayed for grant of anticipatory bail.

 

Learned P.L. for the State opposing the submissions made on behalf of the applicant-accused has prayed for rejection of the bail application.

 

On perusal of the case diary it is evident that the missing report (Annexure A-3) was lodged by the applicant/accused on 04-05-2014. The application under Section 9 of the Hindu Marriage Act (Annexure A-5) has been filed by the applicant/accused on 11-11-2014. Thereafter, the report was lodged at Police Station Lakhanwada, Dist. Seoni by the victim/complainant. No report was lodged by the victim at Bhopal where she was residing with her husband i.e. applicant/accused. There is no kind of recovery to be made from the applicant/accused in this case.

 

Considering submissions made on behalf of the applicant/accused and the Hon'ble Apex Court's judgment in the case of Arnesh Kumar Vs. State of Bihar and others 2014 Vol. 8 SCC 273, this Court deems it fit to grant anticipatory bail to the applicant/accused. Therefore, allowing this application, it is ordered that in the event of arrest by the Arresting Officer or by the Court, the applicant/accused shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety for his regular appearance before the Court in the like amount to the satisfaction of the Court. http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com

 

The applicant is directed to join the investigation immediately and fully cooperate with the investigating agency and the trial. The applicant shall abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

 

M.Cr.C. stands disposed of.

 

Certified copy as per rules.

 

(M.K. MUDGAL) JUDGE

 

 

 

PDF file uploaded to http://1drv.ms/1D0Y0xC

 

 


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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist