MUKESH Vs. STATE OF M.P

JUDGEMENT

(1.) This is the first application filed under Section 439 of Cr.P.C. by the applicant ' Mukesh S/o. Lakshman @ Laxminarayan, who has been arrested by Police on 16.9.2020 in connection with Crime No.195/2018, Police Station Jaora City, District Ratlam for the offence punishable under Section 420, 467 and 468/34 of the IPC. As per prosecution story, the complainant ' Jitendra submitted a written complaint in Police Station Jaora City on 16.9.2020 against the present applicant Gayatribai, Nageshwar, and Omprakash @ Prakash alleging that with the common intention they performed his marriage with Gayatribai in Jaora Court on 9.9.2020 but after 5-6 days of the marriage, Gayatribai fled away from his house with all her belongings. He gave Rs.1,50,000/- to the present applicant for this marriage. He inquired about Gayatribai from the applicant but he threatened him for his false implication in the rape case. Accordingly, the police have registered the case against the present applicant under the aforesaid offences. During the investigation, the police have recovered the stamp papers and arrested the present applicant, Gayatribai, Nageshwar and Omprakash and recorded their statements u/s. 27 of the Evidence Act. According to them, they have distributed the amount of Rs.1,50,000/- amongst themselves.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is in custody since 16.9.2020 and the trial may take time to conclude. He has only introduced Gayatribai to the complainant for marriage and thereafter, he does not know whereabout of Gayatribai. He is also not aware of the past antecedents of Gayatribai, hence he is entitled to bail.

(3.) Learned Panel Advocate appearing for the respondent/State opposes the prayer by submitting that the applicant took Rs.1,50,000/- from the complainant and got performed the marriage of Gayatribai with the complainant through Notary who is not authorised to perform the marriage. The applicant has signed on the marriage agreement as a witness, therefore, he is not entitled to bail.