SAJID SHEIKH Vs. SHAGUFTA SHEIKH

JUDGEMENT

(1.) This is the first anticipatory bail application filed under Sec. 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with complaint case No. 24593/2017 for commission of offence punishable under Sec. 324, 498-A/34 of IPC.

(2.) As per the prosecution story, on 12/5/2017 respondent filed a complaint against the applicant and other co-accused persons under Sec. 498A of IPC. The trial court after recording the statement of the witnesses under Sec. 200 and 202 of Cr.P.C. registered a crime under Sec. 498A, 324, 323 and 506 read with Sec. 34 of of IPC. The allegation against the applicant is that he harassed the respondent for non fulfillment of demand of dowry.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. He is husband of respondent/complainant. Only omnibus allegation has been levelled against him, this is a matrimonial dispute, co-accused Idris and Naushad have been enlarged on anticipatory bail by this court vide order dtd. 9/12/2022 passed in M.Cr.C. No. 1306/2020. Hence, he prays that the applicant be released on anticipatory bail.