SANTOSH GUPTA Vs. STATE OF C.G.

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No. 221/2014, registered at Police Station Jamul District Durg (C.G.), for the offence punishable under Section 498-A/34 of Indian Penal Code, the applicant has filed this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The case of the prosecution in brief, is that, the marriage of the complainant Bharkha Gupta was solemnized with the present applicant on 13/02/2013 according to the Hindu rites and custom. It is further case of the prosecution that immediately after the marriage, the applicant and the other co-accused started harassing her and treated her with cruelty in connection with demand of dowry.

(2.) Learned counsel for the applicant would submit that he has been falsely implicated in the present case as relatives of the Bharkha Gupta had taken the complainant- Bharkha Gupta from the applicant's custody and detained unlawfully. He would further submit that he made a complaint on 13/06/2014 to the 'Manila Police Station, Durg and thereafter, he made application before the Judicial Magistrate, Durg in which Bharkha Gupta clearly stated that she is living with his parent voluntarily thereafter as a counter blast First Information Report has been made on 18/07/2014 by the complainant-Bharkha Gupta and as such he is entitled for anticipatory bail.

(3.) On the other hand, learned State Counsel would oppose the prayer for grant of anticipatory bail.