Chaitan Dansena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 364 of 2017 Chaitan Dansena S/o Nandlal Dansena, aged 28 years, Caste Kalaar, R/o village Chhote Dumarpali, PS Kharsiya, (wrongly mentioned Bhupdevpur) Tehsil Kharsiya, District Raigarh (CG). -----Applicant

Versus

State of Chhattisgarh Through Police Station Kharsiya, Distt. Raigarh (CG).

---- Respondent For Applicant :

Ms. Sharmila Singhai, Advocate.

For Respondent :

Shri Neeraj Mehta, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order On Board 17/05/2017

1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.126 of 2017 registered at Police Station Kharsiya, Distt. Raigarh, for the offence punishable under Section 498-A/34 IPC.

2. The applicant is the Husband of complainant. The allegation against the applicant as per prosecution is that, the family members of the applicant used to threaten and ill treat the applicant for maintaining a very cordial relationship with the complainant, his wife, in spite of not providing sufficient dowry at the time of marriage by the parents of the complainant and under the pressure of the family members, the applicant used to ill treat and harass the complainant.

3. Having heard learned counsel for the parties, taking into consideration the nature of complaint which itself shows that the main allegation is against the family members of the applicant who had instigated the applicant to ill treat the complainant and also considering the fact that the family members of the applicant have already been granted anticipatory bail by the trial court, this court is of the view that it is a fit

case to grant anticipatory bail to the applicant.

4. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a 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:

1. That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required;

2. The accused/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;

3. The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

4. 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.

5. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder