Utkarsh Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Utkarsh Gupta S/o Late Shri Uday Prakash Gupta Aged About 39 Years R/o 25 Engineers Enclave, Phase 1, GMS Road, Dehradun, Uttrakhand 248001 ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Mahila Thana, Raipur , District Raipur Chhattisgarh.

---- Respondent For Applicant :- Mr. Manoj Paranjpe, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Order On Board 06/07/2021

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.27/2021, registered at Police Station Mahila Thana, Raipur, District Raipur C.G. for offence punishable under Section 498-A read with Section 34 of the I.P.C.

2. Applicant was married with complainant on 12.12.2016. On account of heart attack suffered by her father she left her

matrimonial house in March, 2018, however, she did not return to her matrimonial house till the lodging of the FIR. She lodged a written complaint on 29.12.2020, whereupon conciliation proceedings were drawn by women Police Station, Raipur in which it is clearly mentioned that she is living in her parental house for last about 2 1⁄2 years. There is allegation of demand of four wheeler at the time of engagement ceremony/ Tilak ceremony and consequent cruelty upon her to satisfy their demand.

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

4. Considering the nature of allegation and delay in lodging the FIR, I am inclined to extend the benefit of anticipatory bail to the applicant.

5. Accordingly, the anticipatory 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 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) the applicant shall not influence the witnesses during pendency of the trial.

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