BALKRISHNA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application filed by the applicants under section 438 of the CrPC apprehending their arrest in connection with Crime No. 16/99 registered at Police Station Mahila Thana Central Kotwali, Indore under section 498A and 406 IPC.

(2.) IT is alleged that the applicants ill -treated and committed act of cruelty on wife of applicant No. 3 - Smt. Priti Gupta and retain and refused to give ornaments and the other articles belonging to complainant Smt. Priti Gupta.

(3.) 1998(II) MPWN 120] that the anticipatory bail under section 438 CrPC can be granted in two forms. One form is immediate release in the event of arrest and in the second form the accused has to apply for regular bail before the Court concerned within the period allowed. In view of the aforesaid judgment of this Court, I consider it proper to grant a protective order in exercise of the powers under section 438 CrPC for a period of one month from today and direct the applicants to surrender before Chief Judicial Magistrate, Indore and apply for the regular bail and obtain the order of bail from the Court of competent jurisdiction, and during the said period of one month, the applicants shall not be remanded to custody, if each of the applicants (1) Bal Krishna Gupta S/o Shri Avdeshanand Gupta; (2) Smt. Suman Gupta W/o Shri Bal Krishna Gupta; and (3) Manoj Gupta S/o Shri Bal Krishna Gupta, furnishes a personal bond of Rs. 10,000/ - (Ten thousand rupees) with one separate surety each to the satisfaction of the Chief Judicial Magistrate, Indore for their appearance before the Court concerned on all the dates as may be fixed in this behalf.