PUSHPENDRA KUMAR JAMULKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 438 of the Code of Criminal Procedure, 1973 has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.288/2022 registered at Police Station Ambagarh Chowki, Rajnandgaon for the offence punishable under Ss. 498-A, 323, 294 and 34 of IPC.

(2.) As per prosecution story, prosecutrix and applicant were having love affair and they got married at Arya Samaj on 23/12/2019. However, on 6/5/2020 they have performed the marriage function in their village where they again solemnized their marriage as per rites and rituals.

(3.) Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in crime in question. The applicant is Government servant and working as Assistant Teacher in the Government Primary School. The applicant and her mother never assaulted the complainant. He further submits that complainant could not adjust herself in the matrimonial house and when the applicant did not fulfill her demands, she refused to live with him. The applicant or her mother never made any demand for dowry. He submits that her mother has been enlarged on anticipatory bail by the co-ordinate Bench of this Court vide order dtd. 18/1/2023 passed in MCRCA No.31/2023. He also submits that at present the applicant is on ad-interim bail which was granted to him on 31/1/2023 by the co-ordinate Bench of this Court and he did not misuse the said liberty. Therefore, the applicant may be enlarged on anticipatory bail.