LAWS(MPH)-2016-5-12

IMRAN KHAN Vs. STATE OF MADHYA PRADESH

Decided On May 19, 2016
IMRAN KHAN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties. The applicant has an apprehension of his arrest in connection with Crime No.51/2016 registered at Police Station Mahila Thana, Gwalior (M.P.) for the offences punishable under Sections 498A, 506/34 of IPC and under Section 3/4 of the Dowry Prohibition Act.

(2.) Learned counsel for the applicant submits that the applicant is the reputed citizen of the locality, who has no criminal past alleged against him. Due to short quarrel with the wife, the complainant/wife lodged an FIR against the applicant, however, no physical injury was found on her person. Thereafter, a compromise took place between the parties and the complainant is residing with the applicant. In the alternate, the case is triable by the court of Magistrate, hence, it is not so grave. Nothing is to be recovered from the applicant. Under these circumstances, the applicant prays for bail of anticipatory nature.

(3.) Learned Public Prosecutor opposes the application. Keeping in view the submissions made by Pradesh learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature. Consequently, the present application under Section 438 of Cr.P.C. is hereby allowed.