Smt. Sonal Gupta v. State Of Chhattisgarh
Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 106 of 2016
1. Smt. Sonal Gupta, W/o. Rahul Gupta, aged about 26 years, Occupation-House Wife, R/o. Gondpara, R/o. City Kotwali, Bilaspur (C.G.) ----Applicant
Versus
1. State of Chhattisgarh, Through : City Kotwali, Raigarh, District - Raigarh (C.G.) ---- Respondent For Applicant : Ms. Sangeeta Mishra, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/03/2016 1.
Apprehending arrest in connection with Crime No.622/2015 registered at Police Station- City Kotwali, Raigarh, District - Raigarh (C.G.), for offence punishable under Section 498(A), 323/34 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.
2.
As per the prosecution case, a complaint was lodged by the complainant, Monika Gupta alleging that she was married to Prakash Gupta in the year 2010 and thereafter, she was subjected to torture for demand of dowry by the applicant and other family members. Thereby the offence is committed.
3.
Learned counsel for the applicant would submit that the complainant has entered into compromise and she has stated that she do not want to prosecute with the FIR against the family members and they are living together and because of
Page No.2 misunderstanding, the report is made, therefore, the counsel prays that the applicant may be extended the benefit of anticipatory bail. 4.
Per contra, the State counsel opposes the prayer for grant of anticipatory bail.
5.
I have perused the case diary, the statement and the FIR. The case diary also contains the affidavit of complainant, Monika Gupta, wherein she has stated that she do not want to prosecute the FIR. Further reading of the FIR would show that general allegations have been made, therefore, I am inclined to extend benefit of anticipatory bail to the applicant as the custodial interrogation of the applicant may not be required.
6.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail by the officer arresting her on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :
(i) that the applicant shall make herself available for interrogation before the 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 of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
Page No.3 (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 her by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram