DRIGPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appearing Counsel for the parties heard on alleged first anticipatory bail petition filed on behalf of petitioner under section 438 of the CrPC in relation to crime number 329/18 registered at Police Station Maharajpura, District Gwalior for offences punishable under Sections 498-A, 354-A, 294, 323, 34 of the IPC and the produced case diary is perused.

(2.) Petitioner's anticipatory bail petition under same provision has already been dismissed by the Ninth Additional Sessions Judge, Gwalior vide its order dated 13.8.2018, whose certified copy is annexed with the application under consideration.

(3.) Appearing counsel for the petitioner, who is apprehending his arrest in above-mentioned crime contends that petitioner is 68 years old retired employee of MP Housing Board and complainant is wife of his son and petitioner has constructed a house situated at Deendayal Nagar which is presently in illegal possession of complainant and actually complainant illegally wants to capture his house and in order to fulfill her illegal demand false FIR on 8.8. 2018 has been lodged whereas marriage of complainant with petitioner's son was solemnized in the year 2007 and the behavior of the complainant with petitioner and his wife and her husband (son of the petitioner) was not proper and prior to the incident complainant was threatening them for falsely implicating in dowry demand case and in this regard he has submitted applications dated 13.7. 2018 and 24.7. 2018 at Police Station Maharajpura, whose copy is annexed with the application under consideration and even husband of the complainant has submitted application (annexure A-3) to S.H.O. Maharajpura regarding allegations leveled by his wife. It is also contended that petitioner is a retired employee and permanent resident of Gwalior and there is no possibility of his fleeing away from justice and is ready to comply with all the conditions to be imposed by the court regarding anticipatory bail, therefore, it is prayed that benefit of regular bail be provided to him.