Anand Kumar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.490 of 2020 • Anand Kumar Pandey, S/o Late Lakhan Lal Pandey, Aged About 46 Years, Resident Of House No.19/1006, Near Vidhata Cloth Store, Sahu Para, Farfadih, Police Station Ganj, Raipur, Tahsil And District Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kabirdham, District Kawardha, Chhattisgarh ---- Respondent For Applicant Shri Y. C. Sharma and Shri Sachi Nidhi, Advocates For Respondent Ms. Sunita Jain, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 01/07/2020 1.

The applicant has preferred this bail application under Section 438 of CrPC, as he is apprehending his arrest in connection with Crime No.104/2020, registered at Police Station Kabirdham, District Kawardha (C.G.), for the offence punishable under Section 498-A read with Section 34 of IPC.

2.

The applicant is the brother-in-law (Nandoi) of complainant Neha Gresiya, who was married with Nilesh Gresiya on 03.12.2016. The couple resided at Hyederabad in the year 2017 but they returned to Patan. Later on, the husband moved to USA and is presently working at Chicago (USA).

3.

The applicant is working as Junior Trackman in the SECR, Raipur. The allegation against him is that he was persuading and instigating the inlaws of the complainant to demand Rs.5 Lakhs for purchasing a car and was also commenting upon the poor quality of the articles gifted at the time of marriage. It is also alleged that the applicant has retained a sum of Rs.2 Lakhs, which was infact given to the father-in-law of the complainant.

4.

Learned State counsel would oppose the prayer for grant of bail. 5.

Considering that the applicant is not a family member of the husband's family in the sense that he does not reside with them and further that he is a government servant working in the SECR and in the event of arrest, it may affect his job, this Court is inclined to admit the applicant to anticipatory bail.

6.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required.

(ii) he 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 from disclosing such facts to the Court or to any police officer.

(iii) he shall not influence the witnesses during pendency of the trial. Sd/- Prashant Kumar Mishra Judge Nirala