ANKUR PARASHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been filed under Section 14-A Sub Sec. (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 22.02.2019 passed by Special Additional Judge (Atrocities), Gwalior, whereby the application of the appellant under Section 438 of Cr.P.C. seeking bail has been rejected.

(2.) Appellant is apprehending his arrest for the alleged offences registered at Crime No.52/2019 at Police Station Gwalior, District Gwalior, punishable under Sections 366, 376, 323 and 506 of IPC and Sections 3(1)(r), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) It is the submission of learned counsel for appellant that it is a case of false implication. Prosecutrix is a legally wedded wife of the appellant and they solemnized the marriage on 26.04.2016 at Arya Samaz Mandir, Loha Mandi, Kilagate, Gwalior. Certificate of the marriage is attached with the application. Several photographs and documents have been appended with the application to demonstrate that after the ceremonies, marriage was consummated. They lived happily for three years including the fact that appellant caused opening of the beauty-parlor of the prosecutrix and she was running the same at Pune. After three years of marriage, a false case has been registered, because of domestic incompatibility shared by the couple. An application under Section 9 of Hindu Marriage Act for restitution of conjugal rights also preferred by the appellant and he is ready to take his wife (prosecutrix) back in marriage fold provided she comes voluntarily without any malice in the family.