Chinta Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1152 of 2015 Chinta Markam D/o Tiharuram Markam Aged About 28 Years R/o D.N.K. Colony, Qr. No. H-3, Kondagaon Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Kondagaon, District Kondagaon Chhattisgarh.

2. Dr. Dhannu Ram Mandavi S/o Late Dashrath Ram Mandavi Aged About 31 Years Presently Posted As Post Graduate Medical Officer, At R N T District Hospital, Kondagaon, R/o Village Chilputi, P.O. Girola, Tahsil & District Kondagaon Chhattisgarh.

---- Respondents For Petitioner :

Shri Shivendu Bhardwaj, Adv.

For Respondent No.1:

Shri Neeraj Sharma, Dy.GA.

For Respondent No.2:

Shri Sourabh Sharma, Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2016 Heard.

2.

The present application has been filed on the allegation that after grant of bail, the accused is misusing the liberty. It is alleged that the respondent No.2 has been threatening the petitioner to withdraw the case and not to speak truth. 3.

Learned counsel for respondent/State submits that the report of Station House Officer of the concerned Police Station, who also appeared before the Court along with case diary, has reported that upon enquiry, no specific allegation of time, date and place of alleged threat so stated by the complainant nor is there any person claiming to have witness of the incident of alleged threatening. 4.

Learned counsel for respondent No.2 submits that the allegation of threatening

against respondent No.2 is false. He submits that he is fully and completely abiding the terms and conditions, on which, bail was granted by this Court. 5.

At this stage, on the basis of pleadings made by the petitioner, particularly taking into consideration the reply of State, I am not inclined to cancel the bail granted to respondent No.2. However, if there is specific allegation by the petitioner against the respondent No.2, the Station House Officer of the concerned Police Station shall take proper and expeditious steps in the matter and submit a report in this regard. If the Station House Officer of the concerned Police Station states in the report that the respondent No.2 is misusing the liberty, bail granted to him shall liable to be cancelled. A copy of the order be sent to the Superintendent of Police and Station House Officer of the concerned Police Station to ensure that the petitioner shall get proper protection and she is not subjected to any kind of harassment or threat by respondent No.2. The Station House Officer of the concerned Police Station shall submit a report before the Registry of this Court on or before 31-03-2016. 6.

In view of above, the application is rejected. The trial Court shall also ensure to examine the prosecutrix as early as possible without granting any unnecessary adjournment to any of the parties.

Sd/- Manindra Mohan Shrivastava Judge Tumane