ROHIT THAKUR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail, who is apprehending his arrest for the offence registered at Crime No. 283/2019 by Police Station Dehat, District Ashok Nagar for the offence punishable under Sections 498-A, 323, 506 of IPC and Section 3/4 of Dowry Prohibition Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant. Marriage has been solemnised in 2004 and in last 15 years they are blessed with two children. Recently in March, 2018 she left her matrimonial home on her own volition and shifted to her matrimonial home. She filed a case under Domestic Violance Act and same is pending consideration and maintenance award has been passed by the concerned Court. On the basis of registration of a false case against the applicant, he is apprehending his arrest which is anathema of concept of personal liberty. Looking to the nature of allegation, he relied upon the judgment of Hon'ble Apex Court in the matter of Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273. confinement would bring social disrepute and personal inconvenience. He undertakes to appear regularly before the Investigating Officer if anticipatory bail is granted and would cooperate in the investigation. Consequently, he prayed for bail of anticipatory nature.

(3.) Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application. Heard the learned counsel for the parties and perused the case diary.