ARJUN SINGH NARVE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Section 438 of the Cr.P.C filed by the applicant, who apprehend his arrest in connection with Crime No. 173/2019, registered at Mahila Thana District Gwalior (M.P.), for the offences punishable under Sections 498-A, 506, 34 IPC and u/S. 4 of Dowry Prohibition Act.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case as he has not committed any offence in any manner. Counsel for the applicant has submitted that the marriage between the parties was solemnized on 20.2.2019 and from the very beginning the wife of the applicant is not ready to live with parents of applicant and she use to misbehave with the father and mother of the applicant. He has drawn attention of this to the complaint made by the mother of the applicant to Mahila Thana, Padav, District Gwalior on 17/5/2019 and thereafter to Superintendent of Police, District Gwalior on 30/7/2019. In support of his argument he has drawn attention of this Court to panchnama of the neighbours. It is further submitted that the four co-accused persons in the present case were already granted the benefit of bail by the learned trial Court, therefore, he has prayed for allowing the application, and grant of anticipatory bail.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer and submitted that there are specific allegations against the present applicant of beating the complainant and the demand of dowry being made by them and has submitted the applicant is husband of the complainant and having responsibility towards is wife. It is further submitted that bail application under Section 438 of Cr.P.C. is not maintainable and prayed for dismissal of application.