SONU YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application u/S.438 Cr.P.C. for grant of anticipatory bail by the applicant who is apprehending his arrest in connection with Crime No.05 of 2023 registered at Police Station Mahila Thana, District Bhind (M.P.) for the offence punishable under Ss. 376, 376-D, 376 (2)(n), 498-A, 323, 120-B, 506, 34 of IPC and Sec. 3 r/w 4 of Dowry Prohibition Act.

(2.) Learned counsel for the applicant-accused argued that the applicant is innocent and has been falsely implicated. The marriage of the applicant/accused with the prosecutrix was solemnized on 19/4/2019 and as per allegations of the prosecutrix, for the first time, the offence was committed in the month of October, 2019 and thereafter on 9/10/2022, however, the prosecutrix neither lodged any report nor made any complaint before anyone. There is a delay of almost three years in filing FIR, for which, no plausible explanation has been given. As per inquiry report of SDO(P) dtd. 4/8/2023, the applicant/accused was not even present on the place of incident. The applicant is not having any criminal antecedent. He is permanent resident of District - Bhind. It is further submitted by the counsel for the applicant that the applicant is ready and willing to co-operate in the investigation and shall abide by all the terms and conditions as may be imposed by this Court; therefore, he prays for grant of anticipatory bail to the applicant.

(3.) On the other hand, learned State counsel and learned counsel for the complainant have vehemently opposed the bail application and prays for its rejection.