AMIT MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This application under Section 438 of CrPC has been filed for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.413/2017 registered by Police Station Kotwali District Morena for offence under Sections 498, 452, 323, 294, 147 and 506 of IPC.

(3.) It is submitted by the counsel for the applicant that the applicant is the husband of the complainant. In fact, the applicant has filed a petition for grant of divorce which is pending and by way of counter-blast, the FIR has been lodged. It is further submitted that on 09/06/2017, the applicant was brought to Morena by the police and was kept at Police Station Kotwali, Morena for the whole night and on 10/06/2017, the counsel for the applicant prepared the bail application and supplied a copy of the same to the Public Prosecutor and tried to file the same in the Court of CJM, Morena but the same was not accepted by the Court on the ground that the application should be filed only after the accused is produced. Thereafter, the counsel for the applicant went to the police station where he was informed that there is no need to file such an application as the applicant will be let off as the applicant was admitted in the Civil Hospital, Morena. It is further submitted that the brother of the complainant is the ex-MLA of Morena, therefore, under his pressure, false allegations are being made. It is further contended that on 05/06/2017, the complainant forcibly took possession of some part of the house belonging to the applicant and, therefore, now she is making false allegation that she is residing in the house of the applicant at Dhaulpur. It is further contended that on earlier occasion also, the relatives of the applicant as well as the elderly members of the society had intervened in the matter but because of the hostile attitude of the complainant, the disputes could not be resolved. It is further submitted by the counsel for the applicant that all other relatives of the applicant have been granted anticipatory bail by this Court.