Pawan And Others v. State Of Chhattisgarh

MCRCA No. 892 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 892 of 2021

1. Pawan, S/o Shankar Bundele (name wrongly mentioned Pawan Kumar in impugned order) aged about 30 years, Occupation Labour

2. Sau. Kusum, W/o Shankar Bundele, aged about 50 years,

3. Shankar, S/o Dhannulal Bundele, aged about 55 years, All are resident of Harihar Peth, Old City near Ramavtar House, Akola, Tehsil & District Akola (Maharashtra) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer, Police Station Mahila Thana Police Station, Tehsil & District Durg (CG) ---- Non-Applicant For Applicant : Miss Priya Sharma, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG.

Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board /08/2021 :

1. The applicants have preferred this application for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.19/2020, registered at Police Station Mahila Thana, District Durg for offences punishable under Section 498-A/34 of the IPC and Section 4 of the Dowry Act.

2. This is the 2nd bail application on behalf of the applicants. The earlier bail application has been dismissed as withdrawn.

MCRCA No. 892 of 2021

3. Applicant No.1 Pawan is the husband of complainant - Priyanka, applicant No.2 Kusum and applicant No.3 Shankar are mother-in-law & father-in-law of the said complainant.

4. The marriage was solemnized on 21.11.2017. As per the material disclosed in the FIR, she was subjected to cruelty for demand of dowry for which a Caste Panchayat was convened and after compromise, she returned to her marital home. Thereafter demand of Rs.5 lakhs and other articles was again made and the complainant lodged a complaint, and once again compromise took place between them and the complainant returned to her marital home. Now the present complaint with the same allegations has been lodged on 2.2.2020.

5. Considering the entire fact situation of the case and the nature of allegations, I am inclined to release the applicants on anticipatory bail.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them 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) they shall not influence the witnesses during trial. (ii) they shall make themselves available for interrogation by a police officer as and when required;

(iii) they 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.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve