Mohammad Javed Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 264 of 2020 • Mohammad Javed Khan S/o Shri Abdul Sahid Khan Aged About 31 Years R/o House No. 101, Ashrafi Road, Farid Nagar, Bhilai, Police Station Supela, District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana, Raipur, Civil And Revenue District Raipur Chhattisgarh.

---- Non-Applicant For Applicant : Shri Vipin Punjabi with Shri Sunil Verma, Advocate. For Non-Applicant : Shri Alok Bakshi, Additional AG. For Objector : Shri Kasif Shakeel, Advocate.

Proceeding through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/06/2020 :

1. The applicant has preferred this bail application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.7/2020, registered at Police Station Mahila Thana Raipur, Civil and Revenue District Raipur for offence punishable under Sections 498-A/34 and 377 of the IPC.

2. Although the allegation constituting offence under Section 377 of the IPC is available in the case diary, but in the original FIR such

allegations were not levelled. In the said FIR, the allegations of ill-treatment and demand of dowry were made and the marriage has taken place on 5.9.2018.

3. Shri Kasif Shakeel, learned counsel for the objector submits that the complainant was threatened to withdraw the complaint. However, para-8 of the memo of objection states that 2 unknown persons pressurized her to withdraw the complaint. There is no statement that it was the applicant who threatened the objector/ complainant.

4. Considering the entire fact situation of the case, this Court is inclined to grant anticipatory bail to the applicant.

5. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required;

(ii) he 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.

Sd/- Judge (Prashant Kumar Mishra) Barve