-Report by Mahak

The High Court of Madhya Pradesh granted anticipatory bail in the case of GURPAL SINGH v. THE STATE OF MADHYA PRADESH. This application was made under Section 438 of Cr.P.C. by the applicant, who was arrested at the police Station Karahiya, District Gwalior (Madhya Pradesh) for the offence punishable under Sections 376, 354, 498-A, 323, 294, 506, 34 of IPC and Section 4 of the Dowry Prohibition Act.

The applicant is a 27-year-old man who is the husband of the complainant and anticipates his arrest for the offence mentioned above.

PETITIONER’S CONTENTION

The learned counsel for the applicant contended that the primary allegation against the applicant is of an offence under Section 498-A of the Indian Penal Code and that the allegation of rape is against his brother-in-law Boota Singh. However, it is alleged that he did not respond to the complaint made by the complainant/prosecutrix (the applicant’s wife), and this case was registered six months later.

Since the lawsuit stems from a marital disagreement, the applicant’s counsel alluded to several settlement discussions between the two parties. The compromise was incapable of producing an effective settlement. In addition, mediation processes were performed at the request of this court but were not successful. He referred to the recurring inclusion of allegations of violation of Section 376 of the Indian Penal Code in domestic disputes. Confinement may result in social disgrace and personal benefit. The applicant agrees to assist with the investigation/trial. Under these conditions, he requests that his bail application may be considered.

RESPONDENT’S CONTENTION

Counsel for the respondent/State argued against the prayer. The learned counsel for the complainant also opposed the prayer and argued that the applicant is the complainant’s spouse and did not respond to her complaint when she was mistreated by family members and the principal defendant Boota Singh. He also brought up the issue of police authority not cooperating. He begged for the application to be denied.

JUDGEMENT

This court granted an anticipatory motion in light of the arguments and the facts that the applicant is the spouse and that he is not accused of a rape-related offence. In the event of arrest, the applicant shall be released on bail upon providing a personal bond in the amount of Rs.50,000/- (Rupees Fifty Thousand Only) together with one solvent surety of the same amount to the satisfaction of the Arresting Authority/Investigating Officer.

This order further had 8 conditions to be fulfilled by the applicant such as complying with the process and not threatening any person acquainted with the facts.