Ravi Kothari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 664 of 2015 Ravi Kothari Aged About 30 years, S/o Nathmal Kothari R/o Village- Chechanmeta, Post Office and Police Station- Parpodi, Tahsil- Saja, District- Bemetara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station- Parpodi, District- Bemetara, Chhattisgarh ---- Respondent For Applicant :

Shri Goutam Khetrapal, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer For Objector :

Shri Anand Shukla, Advocate Order On Board 03/08/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No.48/2015 registered at Police Station- Parpodi, District -Bemetara for alleged commission of offence under Sections 498-A, 323/34 and 506 of the IPC. Case of the prosecution, in brief, is that the applicant harassed and subjected complainant- Swati Kothari to cruelty and also committed physical violence by assaulting her.

Learned counsel for the applicant submits that it is a case of false implication and exaggerated allegation. There existed simple dispute between the husband and wife and the complainant is not willing to reside in the matrimonial house along with other members of family, but she is demanding a separate residence and cash to be deposited in her bank account, as reflected from her own statement recorded by Women Cell In-charge on 30.4.2015.

On the other hand, learned counsel for the State submits that there are injury prima facie showing act of violence and cruelty on the complainant sustained by her in the matrimonial house.

Taking into consideration the submission made by learned counsel for the parties, particularly taking into consideration the specific allegation of violence and that injury is found upon medical examination, I am not inclined to grant bail to the applicant. The application is therefore rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen