MANOJ DAKAR Vs. STATE OF M.P

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit. Heard the learned counsel for the parties.

(2.) The applicant has filed this first application u/S.438 Cr.P.C . for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.386/2019 registered at Police Station Lahar, District Bhind for the offences punishable under Sections 498-A , 323 , 504 , 506 of IPC and Section 3 / 4 of the Dowry Prohibition Act.

(3.) Learned counsel for the applicant submits that the applicant is husband of the complainant. It is submitted that a false case has been got registered against the entire family including the applicant. It is further submitted that the applicant has already initiated proceeding under Section 9 of Hindu Marriage Act, but despite of the same his wife is not cooperating in giving her appearance in that matter. The incident is said to have taken place on 23.07.2019 and FIR of the same got registered on 26.11.2019 and there is no explanation for delay in lodging the FIR. The applicant is government servant and serving as a Constable in Police Department and residing at Bhopal. He was at Bhopal on the date of incident. He is ready to abide by all the terms and conditions which may be imposed by this court while considering the application for grant of anticipatory bail. The applicant has shown his willingness to contribute an amount of Rs.10,000/- towards the PM Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays that the application may be allowed in terms of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.