Anchal Hill v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 520 of 2021 • Anchal Hill S/o G.P. Hill Aged About 30 Years R/o Madan Mohan Malviya Ward, Jagdalpur Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer Bodhghat, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicant :

Mr. Siddharth Rathod, Advocate.

For Respondent :

Mr. B.L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /07/2021 Proceeding through video conferencing.

1.

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.60/2021 registered at Police Station Bodhghat, Jagdalpur (C.G.) for commission of the offence punishable under Section 498-A of Indian Penal Code.

2.

The prosecution story, in brief, is that the marriage of Shefali Hill was solemnized with the present applicant on 23.10.2019. After sometime of marriage, there used to be quarrel on trivial issues. The allegation against the present applicant is that when Shefali Hill came home after completing her duty, he kept his wife's clothes outside the house and assaulted her. Thereafter, the father of the

applicant caught hold of her hand and his mother threatened gave life threat. Based on this, offence has been registered against the applicant.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Learned counsel further submits that the general allegations have been raised against the applicant and the FIR has been lodged against the applicant only after getting the notice of divorce to his wife. He also submits that every effort to pacify the family dispute and reunion of complainant's daughter and the applicant has been made, but went into vain.

4.

Counsel for the State however opposes the application for anticipatory bail.

5.

After hearing counsel for the parties and considering the facts and circumstances of the case, further considering the nature of allegation against the applicant, without commenting anything on merit of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant.

6.

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 surety for the like sum to the satisfaction of the concerned arresting/investigating ofÏcer 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 ofÏcer 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 ofÏcer; (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) pkd Judge