Kailash Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 184 of 2021 • Kailash Prasad, S/o Firturam Kashyap, Aged About 25 Years, Caste Kurmi R/o Village Katnai, Police Station Akaltara, DistrictJanjgir-Champa Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through: The District Magistrate, DistrictJanjgir-Champa Chhattisgarh. ---- Respondent For Applicant : Mr. Vivek Singhal, Adv.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.06.2021

1. Heard.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 24/2020 registered at Police Station- Akaltara, District- Janjgir-Champa (C.G.) for commission of the offence punishable under Sections 498, 494, 506, 34 of IPC.

3. Case of the prosecution is that, it has been alleged that present applicant and his father used to harass the complainant on account of demand of dowry and also threatened to kill her and it is also alleged that applicant also tried to kill the complainant by pouring kerosene oil on her. Based on this, offence was registered against the present applicant.

4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that there is no antecedent registered against the present applicant. He next added that no evidence

has been brought on record against the applicant by the prosecution, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the application for anticipatory bail submitting that applicant used to harass and torture the complainant on account of demand of dowry and the offence committed by the applicant is of serious in nature, therefore, no case is made out to release him on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, in particular there is no antecedent registered against the applicant, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions: (i) that the applicant shall make himself available for interrogation before the concerned investigating officer as and when required. (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rajani Dubey) Judge Ruchi