Kamlesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 449 of 2015 Kamlesh Sahu S/o Sukul Prasad Sahu Aged About 33 years R/o Mahavir Nagar, Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station - Mahila Thana Raipur, District Raipur Chhattisgarh ---- Respondent For Applicant :

Ms. Madhunisha Singh For Respondent/State :

Ms. Sunita Jain, Panel Lawyer For Objector :

Ms. Sughriti Sahu in person Order On Board 1/07/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No. 18/2015 registered by Police Station -Mahila Thana, Raipur, District-Raipur for alleged commission of offence under Sections 498-A/34 of IPC. Learned counsel for the applicant submits that the allegation of harassment against the applicant are exaggerated. There has arisen a dispute between them mainly because the complainant-wife is not being allowed to live along with her husband but to stay with her in-laws. It is submitted that there are still hopes to get the matrimonial dispute resolved as the applicant and the complainant have a daughter aged about 3 years.

On the other hand, learned counsel for the State and Objector, opposing the bail application, submit that the applicant and another accused have subjected the complainant to cruelty in connection with demand of dowry. She was not taken care of properly when she was taken to Singapore and after her return, she was left at Kolkata station. Thereafter, she was forcibly kept with the parents of the husband. She and her children were not being given proper treatment and care and the residential accommodation provided to her by her husband has been occupied and she is not being allowed to stay in the matrimonial house.

Taking into consideration the submission made by learned counsel for the parties, particularly taking into consideration the background of the dispute between the husband and the wife and that no specific injury is said to have been reported on the person of the complainant, I am inclined to allow the application. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer on his furnishing a personal bond in the sum of Rs.

20,000/- with one local surety for the like amount to the satisfaction of the arresting officer with following further conditions that: (i) that the applicant shall make himself available for interrogation by a Police 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 them from disclosing such facts to the Court or to any Police Officer. (iii)the applicant shall surrender his Passport and Visa with the police authorities within a period of 30 days from today.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) JUDGE Praveen