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Judgment
Anil Verma, J
This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with complaint case No. 24593/2017 for commission of offence punishable under Section 324, 498-A/34 of IPC.
As per the prosecution story, on 12.5.2017 respondent filed a complaint against the applicant and other co-accused persons under section 498A of IPC. The trial court after recording the statement of the witnesses under section 200 and 202 of Cr.P.C. registered a crime under section 498A, 324, 323 and 506 read with section 34 of of IPC. The allegation against the applicant is that he harassed the respondent for non fulfillment of demand of dowry.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. He is husband of respondent/complainant. Only omnibus allegation has been levelled against him, this is a matrimonial dispute, co-accused Idris and Naushad have been enlarged on anticipatory bail by this court vide order dated 9.12.2022 passed in M.Cr.C. No. 1306/2020. Hence, he prays that the applicant be released on anticipatory bail.
Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.
Perused the case diary as well as the impugned order passed by the court below.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation it is revealed that applicant is absconding since last 3 years, he is the main accused in this offence, therefore his case is different from the case of co-accused Idris and Naushad who have been enlarged on anticipatory bail.
In view of the evidence available on record, this court is not inclined to grant anticipatory bail to applicant. Hence this M.Cr.C. filed by applicant under section 438 of Cr.P.C. is hereby dismissed.
Certified copy as per rules.