Shailesh Shrivas & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 119 of 2020

1. Shailesh Shrivas, S/o Late Shri Ripusudan Shrivas Aged About 41 Years Occupation Advocate Clerk, District Court Raigarh, R/o Beladula, Raigarh, District Raigarh Chhattisgarh

2. Mukesh Shrivas S/o Late Shri Ripusudan Shrivas Aged About 33 Years Occupation Yoga Teacher, Presently Working At Central School, Raigarh, R/o Beladula, Raigarh District Raigarh Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station Chakradhar Nagar, District : Raigarh, Chhattisgarh ---- Respondent For Applicant/s :

Shri Roop Naik, Advocate For State :

Shri Vimlesh Bajpai, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16.06.2020 Heard.

This is an application for grant of anticipatory bail. The applicants are apprehending their arrest in connection with Crime No.347/2019 registered at Police Station - Chakradhar Nagar, Raigarh, District - Raigarh, (CG) for alleged commission of offences under Sections 498-A, 506 and 34 of the IPC. 2.

The case of the prosecution is that the complainant who was married to one Durgesh Shrivas lodged a report that after the death of her husband, she has been subjected to cruelty by other members of the family including the present applicants, her mother in-law, sister in-law etc.

3.

Learned counsel for the applicants submits that after the death of Durgesh Shrivas, there are number of disputes particularly arising in connection with claim of complainant for money, paid to her for her maintenance by her in-laws.

4.

Learned State counsel opposes and submits that complainant Pooja Shrivas has filed a written complaint against the present applicants and other members of the family.

5.

Taking into consideration the learned counsel for the parties, the nature of allegations and particularly taking into consideration that there are various documents relating to counseling between the parties, present is a fit case for grant of anticipatory bail to the applicants.

6.

Accordingly, this application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- on each count, along with one local surety for the like amount to the satisfaction of the arresting officer and they shall abide by all the following terms and conditions - (i) that the applicants shall make themselves available for interrogation by a Police Officer as and when required;

(ii) that they 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 from disclosing such facts to the Court or to any Police Officer. (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the Trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge yasmin