RAJESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) With consent heard finally.

(2.) Present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Atrocities Act') against the order dated 28.3.2018 passed by Special Judge under (the Atrocities Act), Guna, whereby, the application of the appellant under Section 438 of Cr.P.C seeking anticipatory bail has been rejected in connection with Crime No.141/2019 registered at Police Station Kotwali district Guna for the offence under Sections 366, 368, 344, 376, 323, 34 of the IPC, 3(2)(v), 3 (2) (va) and 3 (1) (w) (i) of the Act.

(3.) It is submitted by learned counsel for the appellant that the applicant is apprehending his arrest on the basis of false case. His son entered into nuptial bond with the prosecutrix and affidavit dated 8.3.2018 was deposed in this respect. For six months, she lived in his house as wife of his son Neeraj and later on, she filed a false case against the applicant and other family members. Later on, it was discovered that she was already married and when she failed in bearing ties with earlier husband, she entered into marriage with the applicant's son Neeraj. No allegation of rape has been levied upon the applicant. Confinement would bring social disrepute and personal inconvenience to the applicant. He undertakes to cooperate in the investigation and make himself available as and when required by the investigating officer or trial court. He further undertakes not to induce, threat or intimidate any prosecution witness including the prosecutrix in any manner. Under these circumstances, prayer for grant of anticipatory bail has been made.