Manish Soni v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1353 of 2015 Manish Soni S/o Krishna Kumar Soni Aged About 40 Years R/o Kailash Puri, Raipur, P.S. Tikrapara District Raipur, Civil And Rev. Distt. Raipur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station City Kotwali, Bemetara, District, Bemetara Chhattisgarh.

---- Respondent ________________________________________________________ For applicant - Shri Rajesh Roshan Singh, Advocate. For Respondent/State -Miss. Sunita Jain, PL Hon'ble Shri Justice Goutam Bhaduri Order 2/02/2016 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No. 410 of 2015, registered at Police Station City Kotwali, Bemetara, District, Bemetara (C.G.) for offence punishable under 498 (A) & 34 of IPC. 2.

As per the prosecution case a report was made by Vibha Soni that she was married to Sumit Soni on 18/04/2012. Thereafter, she joined her matrimonial home and she was subjected to torture for demand of dowry when she went to her in-laws place wherein applicant was present. 3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and he is the brother-in-law of the complainant and he does not reside at the house of complainant, therefore 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 report and the document of counselling. Taking into account the documents and the allegations which are general in

nature against the applicant, 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