Vipin Kumar Nirmalkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 478 of 2016 • Vipin Kumar Nirmalkar S/o Uttam Kumar Aged About 27 Years R/o Sirsa Road, Chandani Chowk, Kohka, Bhiali, P.S. Supela, Tahsil & District Durg Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, P.S. Supela, District Durg Chhattisgarh --- Respondent For the applicant :

Mr. Jitendra Gupta, Advocate.

For the Respondent :

:

Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.06.2016

1. Apprehending arrest in connection with Crime No. 344/2016 registered at Police Station Supela, Out Post Smriti Nagar, Distt. Durg (C.G) for the offence punishable under section 498-A/34 of IPC , the applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail.

2. As per the prosecution case, the applicant was married to one Sarita Nirmalkar on 18.04.2014 and thereafter she was subjected to torture for demand of dowry. Out of the wedlock, one child was born and because of torture she has left her matrimonial house, thereby the offence is committed.

3. Learned counsel for the applicant submits that the petitioner has filed an application for restitution of conjugal rights u/s 9 of the Hindu Marriage Act and the wife has herself left the house and the applicant has been falsely implicated in this case, therefore, he may be enlarged on anticipatory bail.

4. Per contra, learned State Counsel opposes the prayer for grant

of anticipatory bail.

5. Perused the case diary statements and conciliation proceedings.

6. Taking into nature of allegations which are general in nature and the totality of the facts and circumstances of the case, I am inclined to extend the benefit of section 438 Cr.P.C., to the applicant.

7. Accordingly, the 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 his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the officer arresting him or the concerned Investigating Officer. The applicant shall also abide by the following conditions :- (i) that he shall make himself available for interrogation before the investigating officer as and when required;

(ii) that 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/her from disclosing such facts to the Court or any police officer;

(iii) that he shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao