ABHISHEK Vs. STATE OF M P

JUDGEMENT

(1.) This is the first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, apprehending his arrest in connection with Crime No.31/2016, Police Station Tharet, District Datia for the offence registered u/Ss. 498/34 of IPC and 3/ 4 of Dowry Prohibition Act.

(2.) Learned counsel for the applicant/accused submits that the allegations made against the applicant-accused are totally false and concocted as the marriage of the applicant-accused was solemnized with the complainant Smt. Bharti alias Arpita in the year 2010. After three years she voluntarily left home on 21.2.2013. Since then she has been residing with her parents. The FIR of the alleged offences was got registered by the complainant on 25.2.2016. Before that she filed an application against the applicant u/S. 125 of Cr.P.C. for maintenance. An application u/S. 9 of Hindu Marriage Act has also been filed for restitution of conjugal rights. The circumstances indicate that when the complainant herself has been living separately for more than three years, the question of cruelty committed with her does not arise.

(3.) Besides it the alleged offences are not punishable with imprisonment for more than seven years and there is no kind of recovery to be made from the applicant/accused in this matter, hence, he be granted bail. Learned Public Prosecutor as well as learned counsel for the complainant opposing the submissions made on behalf of the applicants/accused have prayed for rejection of the bail application Heard the arguments of both the parties.