Narottam Das Choudhary & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Narottam Das Choudhary S/o Dhushandas Choudhary Aged About 27 Years Caste-Choudhary

2. Dhushandas Choudhary S/o Kaladas Choudhary Aged About 50 Years Caste-Choudhary

3. Samudiya Bai W/o Dhushandas Choudhary Aged About 47 Years Caste-Choudhary All R/o Village Maladand, Police Station And Tahsil Marwahi, District- Gaurela- Pendra- Marwahi, Chhattisgarh

4. Heeralal @ Lallu Choudhary S/o Ramnath Choudhary, Aged About 45 Years Caste-Choudhary, R/o Village Maladand, Police Station And Tahsil Marwahi, District- GaurelaPendra- Marwahi, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station Pendra, District- Gaurela-Pendra-Marwahi, Chhattisgarh ---- Respondent For Applicants :- Mr. Achyut Tiwari, Advocate For Respondent-State :- Mr. Sudeep Agrawal, Dy.A.G.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board

06/07/2021

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.34/2021, registered at Police Station Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh for offence punishable under Sections 498-A, 326/34 of the I.P.C.

2. Applicant No.1 is husband whereas applicant No.2 is fatherin-law, applicant No.3 is mother-in-law and applicant No.4 is maternal father-in-law of complainant who was married with applicant No.1 Narottam Das Choudhary on 23.10.2020.

3. Admittedly, Narottam is a deaf-and-dumb person. On some dispute the complainant was subjected to cruelty by causing injuries over her thighs by pouring burnt polythene.

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

5. Although, injuries found on the thighs of the complainant are found to be grievous, however, there is no specific allegation as to which particular accused has committed this act. There is no allegation of demand of dowry.

6. Considering the entire fact situation of the case, I am inclined to extend the benefit of anticipatory bail to the

applicants. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them 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)they shall make themselves available for interrogation by a police officer as and when required;

(ii)they 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) the applicants shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi