Ravindra Jain v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1323 of 2015 Ravindra Jain S/o Suresh Jain Aged About 32 Years R/o. E-604, Palm Residency, Old Rajendra Nagar, Police Station Civil Lines, Civil & Revenue District Raipur Chhattisgarh At Present R/o. Petro Police Miyanpur Hyderabad.

---- Applicant

Versus

State Of Chhattisgarh Through : Police Station Civil Lines, Raipur, District Raipur Chhattisgarh ---- Respondent ________________________________________________________ For applicant - Shri Manoj Paranjpe, Advocate. For Respondent/State - Miss. Sunita, Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 22/01/2016 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.568 of 2015, registered at Police Station Civil Lines, Raipur, District Raipur (C.G.) for offence punishable under Sections 498-A of Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act, 1961. 2.

As per the prosecution case complainant Nisha Jain was married to this applicant on 3rd July, 2014. Thereafter, complainant joined her matrimonial home at Hyderabad with her husband and it is stated that she was subjected to torture for demand of dowry and thereby offence is committed.

3.

Learned counsel for the applicant submits that conciliation proceedings were drawn in between the parties wherein no demand of dowry had been alleged by the complainant and it was stated that complainant wife cannot go along with the husband applicant, therefore she want to stay separate. Therefore, learned counsel submits that the applicant may be granted benefit of anticipatory bail.

4.

Learned State counsel opposes the prayer for grant of anticipatory bail.

5.

I have perused the case diary and the conciliation proceedings. Prima facie taking into account averments made during conciliation wherein as appears the complainant stated that she do not want to stay along with the applicant, therefore I am inclined to extend benefit of anticipatory bail to the applicant.

6.

Accordingly, the anticipatory bail 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 by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions:- (i) that the applicant shall make himself available for interrogation before the 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 so 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) 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri