SUNIL PRAJAPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) This first application under Section 439 of CrPC has been filed for grant of bail.

(2.) The applicant has been arrested on 25/07/2020 in connection with Crime No.213/2020 registered at Police Station Inderganj, District Gwalior for offence under Sections 376(2)(n) , 377 of IPC.

(3.) It is submitted by the counsel for the applicant that the marriage of the applicant took place with the complainant in the year 2011 and after the marriage itself, she started quarreling with the applicant as well as his family members. About eight years back, the father of the applicant had separated the family of the applicant after giving some property and accordingly, a news was also published in the newspaper on 23rd February, 2020. Since the complainant was of the view that a less property has been given to her, therefore, she was constantly fighting with her father-in-law. In the month of May, 2020, the complainant had also beaten the daughter of the co-accused Dharmendra and accordingly, FIR was also lodged. When this conduct of the complainant was objected by the applicant, then the complainant threatened that she wants a divorce as well as an amount of Rs.25 lacs by way of permanent alimony, otherwise she would ensure that everybody in the family of the applicant is sent to jail. It is further submitted that since the conduct of the complainant did not improve, therefore, several complaints were made by the applicant and his family members to the police. On 22/07/2020, the brothers of the complainant came to the house and started quarreling and abusing the family members of the applicant. When the conduct of the brothers of the complainant was objected, then they tried to outrage the modesty of the daughter of the brother of the applicant. When an attempt was made to lodge the report, then the police refused to lodge the report. On the same day, the complainant went back along with her brothers and extended a threat that she would lodge a false FIR. On 24/07/2020, she came back to Gwalior from Agra and lodged a report. It is submitted that in fact, it was the complainant who was creating all sorts of nuisance in the family of the applicant and false allegations have been made. It is further submitted by Shri Bahirani that on 25/02/2020, the applicant had also filed a divorce petition and only after receiving the notice of the same, this false report has been lodged.