(1.) This first anticipatory bail application under Sec. 438 of the Code of Criminal Procedure has been filed by the accused/applicant who is apprehending his arrest in connection with Crime No. 61/2022 registered at Police Station Mahila Thana Bilaspur, CG for the offence punishable under Ss. 498-A, 34 of IPC.
(2.) Case of the prosecution in brief is that the applicant and his parents harassed the complainant/wife on account of demand of dowry and thereby committed an offence under Ss. 498-A, 34 of IPC.
(3.) Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He submits that the marriage between the applicant and the complainant/wife was solemnized on 15/6/2014. Since the very beginning the complainant/ wife was pressurizing the present applicant to live separately from his parents therefore, he started living separately in the year 2015. During the Raksha Bandhan festival, the complainant/wife left her matrimonial home and went to her marital home thereafter she did not come back, despite of repeated efforts made by the present applicant. Ultimately in the year 2018 the applicant filed a case for divorce before the concerned Family Court and since the complainant/wife did not appear during the course of conciliation proceedings, on many occasions, the learned Family Court issued non-bailable warrant against her and directed her to be produced before the Family Court. As a result of which, she lodged a false report on 5/11/2022. He further submits that parents of the applicant have already been granted benefit of anticipatory bail under Sec. 438 of CrPC by the learned Sessions Court itself and the allegations against the present applicant appear to be similar in nature, therefore, the application may be allowed.