M D Mustufa, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 490 of 2021 • M D Mustufa, S/o M D Rafique Aged About 23 Years R/o Village Boro, Tahsil And Police Station - Dharamjaigarh District - Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Officer - In - Charge, Police Station - Lailunga District Raigarh, Chhattisgarh. ---- Respondent For Applicant : Shri Ashutosh Mishra, Advocate For Respondent/State : Shri Roshan Dubey, PL Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 29/06/2021 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 33/2021 registered at Police Station Lailunga, District Raigarh (CG) for the offence punishable under Sections 498-A, 506 and 34 IPC. Case of the prosecution in brief is that marriage of the applicant and the complainant was solemnized on 20.03.2020. It is alleged that soon after marriage, she was subjected to harassment by her in-laws for demand of dowry.

Contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. He submits that the complainant is residing with her parents since nine months and the report has been lodged after a long delay and in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore he may be granted bail.

On the other hand, learned counsel for the State opposes the bail application.

Having heard counsel for the parties and considering the totality of the facts, in particular, the nature of allegation against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety 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/ medical examination before the concerned investigating 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 as to dissuade him/her from disclosing such

facts to the Court or to any police officer;

(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 suguna