Mrinal Kumar Gain v. The State Of Telangana
\ [ 31s8 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE ------ , :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 4577 OF 2021 Between:
Mrinal Kumar Gain, S/o. Late Verendranath Gain
...Petitioner/Accused No.1
AND The State of Telangana, through Public Prosecutor, The High Court for the State of Telangana at Hyderabad.
...RespondenUComplainant Petition under Section 438 of Qr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/ Accused No.'1 on bail in the event of his arrest in connection with the Crime No.27 of 2021 oI Police Station Easgaon, District Komuram Bheem-Asifabad for the alleged offences punishable U/s 498-4 IPC and Sec 3 and 4 DP Act. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s S. LAKSHMI KANTH Advocate for the Petitioner and of Assistant PUBLIC PROSECUIOR for the Respondent, the Court made the following.
ORDER:
lr THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4577 ot 2021 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A'l seeking to grant anticipatory bail in the event of his arrest in Cr.No.27 of 2021 on the file of Easgaon Police Station, Komuram Bheem-Asifabad District, registered for the offences punishable under Section 498-4 IPC and under Sections 3 and 4 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioner/A1 , learned Assistant Publrc Prosecutor appearing for the respondenlState and perused the record.
The prosecution case is that the petitioner/A1 , at the instigation of other accused, harassed the de{acto complainant physically and mentally by demanding additional dowry and he used to beat her without any reason.
4.
Learned counsel for the petitioneriAl would submit that there are no specific allegations against the petitioner to prosecute for the alleged offences and that the complaint is frivolous and baseless. He would further submit that the entire story of the prosecution is concocted and the petitioner is innocent of the alleged offences. He would further submit that due to some misunderstandings between the de-facto complainant and the petitioner, he filed HMOP No,11 of 2a21 on the file of Senior Civil Judge and as a counterblast, the present false complaint is filed. He would also submit that petitioner is not involved in any other crime prior to this I i occurrence and he is a law abiding citizen and ready to abide by any condition that rnay be imposed by this Court in the event of his enlargement on anticipatory bail.
5.
Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner 6.
Having regard to the facts and circumstances and since general and omnibus allegations are made against the petitioner and also in view of peculiar conditions of pandemic COVID-19 prevailing in the country, without delving into the merits of the matter, lam inclined to grant anticipatory bail to the petitioner/A l The Criminal Petition is accordingly allowed and the petitioner/Al is granted anticipatory bail subject to the following terms and conditions: (i) The petitioner/A1 is directed to surrender before the Station House Officer, Easgaon Police Station, Komuram BheemAsifabad District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioner/Al on bail on his executing a personal bond to the tune of Rs.
25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to his satisfaction. (ii) On such release, the petitioner/A1 shall appear before the Investigating Officer as and when required for the purpose of fair investigation and he shall co-operate with the investigation. (iii) The petitioner/A1 shall abide by the other conditions stipulated in Section a38(2) Cr.P.C.
8.
Miscellaneous applicatlons, if any pending in this criminal petition, shall stand closed.
SD/- K ONESII\I ASSISTANT REGISTRAR .,( L't+,---- //TRUE COPY// SECTION OFFICER To,
1. The Judicial First Class lvlagistrate at Sirpur Town -
2. The Senior Civil Judge at Asifabad.
3. The s.H.o., PS., Easgaon, District Komuram Bheem-Asifabad erstwhile Adilabad
4. One CC to [v!/s. S. LAKSHMI KANTH, Advocate tOPUCla
5. Two CCs to PUBLIC PROSECUTOR, High court for the state of Telangana at Hyderabad [OUT].
6. One spare copy ZEE
HIGH COURT GSDJ DATED:28l0612021
ORDER
(, '2 I JUil 2u1 CRLP.No.4577 of 2021 BAIL