Sachin Rohila v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 436 of 2021 • Sachin Rohila, S/o. Shri Gopal Rohila, Aged About 28 Years, R/o. Ambikapur Road, Pathalgaon, P.S. & Tehsil- Pathalgaon, DistrictJashpur (Chhattisgarh). ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, City Kotwali, Raigarh, District- Raigarh (Chhattisgarh).

---- Respondent For Applicant : Mr. Surfaraj Khan, Adv.

For Respondent/State : Mr. Roshan Dubey, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.06.2021

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. 236/2021 registered at Police Station- City Kotwali, Raigarh, District- Raigarh (C.G.) for commission of the offence punishable under Sections 498-A, 34 of IPC.

3. Case of the prosecution is that, the applicant and his family members used to harass the complainant for demand of dowry. 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 criminal antecedent against the applicant and the offences are triable by Judicial Magistrate First Class. He next added that the other co-accused namely Sneha Rohila has already been released on bail, 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 present applicant and other co-accused has tried to abort the child of the complainant by giving some medicine and used to harass the complainant, therefore, no case is made out to release him on anticipatory bail.

6. After hearing counsel for the parties and considering the totality of the facts and circumstances of the case, nature of offence, in particular there is no antecedent registered against the present applicant and the offences are triable by Judicial Magistrate First Class, 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.

(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