IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA ON THE 3^rd OF MARCH, 2022 MISC. CRIMINAL CASE No. 10898 of 2022 Between:-

VIVEK RAGHUVANSHI S/O MANOJ RAGHUVANSHI, AGED ABOUT 23 YEARS, VILL. AND POST DUNGASARAI TEH NAISARAI (MADHYA PRADESH)

.....APPLICANT (BY SHRI ANKUR MAHESHWARI, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER P.S. CANTT. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT MISHRA, ADDITIONAL ADVOCATE GENEARL FOR THE STATE )

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

ORDER

The applicant has filed this first application under Section 438 of Cr.P.C. for grant of anticipatory bail.

T he applicant apprehends his arrest in connection with Crime No.21/2022 registered at Police Station Cantt. Guna, District Guna (M.P.) in relation to the offence punishable under Sections 354, 354-A, 354-D, 498-A, 509 of the IPC.

It is submitted by learned counsel for the applicant- Vivek Raghuvanshi that the applicant has not committed any offence. He has falsely been implicated in this case. No case is made out under Section 498-A of the IPC as the present applicant is not the relative of the complainant. It is further submitted that the applicant was in living relationship with the complainant for last three years thereafter, engagement was done on 5/3/2021 and marriage was scheduled on 18/2/2022. As the present applicant stopped calling/chating with the complainant, therefore, this false FIR has been lodged against the applicant by the complainant. Trial will take its own time. The applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of anticipatory bail to the applicant.

Per contra, learned State counsel has vehemently opposed the application and submitted that the offence is registered under Sections 354, 354-A, 354-D, 498-A, 509 of the IPC, wherein there is sufficient evidence available against the present applicant. Hence, prayed to reject this application filed for grant of anticipatory bail to the applicant.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by learned counsel for the applicant along with the facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

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

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

2. The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section(2) of Section 438 of Cr.P.C.

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

This anticipatory bail application stands disposed of in above terms.

Let a copy of this order be sent to the Court concerned for information.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA)

JUDGE pwn*

PAWAN KUMAR

2022.03.03

17:02:23 +05'30'