Satyendra Kumar Sarthi And ORS. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 25 of 2020
1. Satyendra Kumar Sarthi S/o Shri Maniram Sarthi, aged about 26 years, R/o Ward No.15, Nagar Panchayat Palari, Police Station Palari, District Balodabazar-Bhatapara, Chhattisgarh.
2. Anupa Sarthi D/o Shri Maniram Sarthi, aged about 32 years, R/o Ward No.15, Nagar Panchayat Palari, Police Station Palari, District Balodabazar-Bhatapara, Chhattisgarh.
3. Saraswati Sarthi D/o Shri Maniram Sarthi, aged about 38 years, R/o Ward No.15, Nagar Panchayat Palari, Police Station Palari, District BalodabazarBhatapara, Chhattisgarh.
4. Dharmin Sarthi W/o Shri Maniram Sarthi, aged about 70 years, R/o Ward No.15, Nagar Panchayat Palari, Police Station Palari, District Balodabazar-Bhatapara, Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through Police Station Palari, District BalodabazarBhatapara, Chhattisgarh. ---- Respondent For Applicants : Mr. Anchal Kumar Matre, Advocate.
For Respondent/State : Mr. Ghanshyam Patel, G.A.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/06/2020
1. The matter is heard through Video Conferencing.
2. The applicants have filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as they are apprehending their arrest in connection with Crime No. 482/2019, registered at Police Station: Palari, DistrictBalodabazar-Bhatapara (C.G.) for the offence punishable under Section 498-A & 34 IPC.
3. Learned counsel appearing on behalf of Applicants submits that the Applicant No.1 has already been arrested and granted regular bail by the Trial Court, therefore, now he doesn't want to press this anticipatory bail application with regard to Applicant No.1.
4. Accordingly, this anticipatory bail application is dismissed as having become infructuous with regard to Applicant No.01.
5. As per the prosecution story, marriage between Applicant No.01 and the complainant Sonali Sarthi solemnized on 13.04.2019. It is alleged that after two months of her marriage, the Applicant No.01 and her in-laws used to physically and mentally harras her for not bringing enough dowry and also used to torture her as well. On the basis of said, offence has been registered.
6. Learned counsel appearing on behalf of the applicant submits that the applicants have been falsely implicated in the present case. The Applicant No.2, 3 & 4 are ladies in which the Applicant No.2 & 3 are the sisters-in-law of the complainant and Applicant No.4 is the Mother-in-law of the complainant. He submits that the main allegations are against the husband of the complainant who is the Applicant No.1, charge-sheet is not yet filed, therefore, it is prayed that the Applicant may be granted benefit of anticipatory bail.
7. Per contra, learned counsel appearing on behalf of State opposes the bail application.
8. I have heard learned Counsel for the parties.
9. Considering the facts and circumstances of the case and arguments advanced by the counsel for the parties and considering the fact that the main accused have been already granted benefit of bail by the Trial Court, without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the Applicant.
10. Accordingly, this anticipatory bail application is allowed with regard to Applicant No.2, 3 & 4.
11. It is directed that in the event of arrest, the applicant No.2, 3 & 4 shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:- I.
That the accused/applicants shall made himself available for interrogation before the concerned Investigating Officer as and when required;
II.
The accused/applicants shall not, directly or indirectly, make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
III.
The accused/applicants shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.
The applicants shall appear before the Trial Court on each and every date given to him by the said Court till disposal of the trial.
Sd/- (Arvind Singh Chandel) Judge Saurabh