BHAGWAT JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.45/2020 registered at Police Station - Mahila Thana, Raipur (C.G.) for alleged commission of offence under Section 498-A of IPC.

(2.) The case of the prosecution is that the applicant and complainant were married on 11.03.2011. It has been alleged that after marriage, the applicant/ husband was insisting for financial assistance time and again and golden bangles gifted during marriage were taken in the name of arranging money for marriage of brother-in-law and even thereafter, the complainant was being compelled to make financial arrangement and demands were also made for purchase of vehicle. In course of time, the relationship got strained and there used to be frequent quarrel on family affairs particularly financial aspects and the applicant/husband had abused and assaulted when complainant was pregnant. The complainant, to save the esteem, under the pressure of the family and her own office as Judicial Official, kept on tolerating. In the year 2013, husband was selected as Accounts Officer and then as Deputy Collector and then the complainant/wife came to know about his illicit relationship. On 09.06.2019, she came to know about her husband meeting with the lady with whom he was having illicit relation. It led to quarrel, wife was insulted and the applicant not only threatened her to kill but also threatened that he would also commit suicide. On these allegations, offence under Section 498-A of IPC was registered against the present applicant.

(3.) Learned counsel appearing for the applicant would submit that because of long standing dispute between the husband and wife, now an afterthought ground and exaggerated version is being put forth by the wife/complainant. The applicant would submit that the allegations against the applicant are either relating to old stale incident, that too without any specific material or those which are connected with alleged illicit relation of the applicant with another woman. Learned counsel for the applicant would submit that the marriage was solemnized long back in the year 2011 and the report alleging commission of offence under Section 498-A of IPC has been lodged only recently and that too does not contain any specific incident of any assault or physical violence but only general allegation and there is no material to show that upon medical examination, any injury was found on the body of the complainant. Relying upon the decision of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, 2014(8) SCC 273, learned counsel for the applicant would submit that as the applicant, himself, is a Government Servant and Class-II Gazetted Officer holding responsible position, he may be extended benefit of anticipatory bail as he is not likely to abscond and there is no possibility of applicant misusing the liberty because the complainant herself is a judicial officer.