Sachin Kumar And ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1157 of 2020

1. Sachin Kumar S/o Vijay Kumar, Aged About 30 Years R/o House No. 51, Near Sukhdev Bhawan, Naya Bazar, Bhiwani (Haryana) Pin Code127021, District : Bhiwani, Haryana

2. Sulochana Devi, W/o Vijay Kumar, Aged About 49 Years R/o House No. 51, Near Sukhdev Bhawan, Naya Bazar, Bhiwani (Haryana) Pin Code127021, District : Bhiwani, Haryana

3. Sweta Prajapati, D/o Vijay Kumar, Aged About 27 Years R/o House No. 51, Near Sukhdev Bhawan, Naya Bazar, Bhiwani (Haryana) Pin Code127021, District : Bhiwani, Haryana

4. Rashmi Aarya, D/o Vijay Kumar, Aged About 25 Years R/o House No. 51, Near Sukhdev Bhawan, Naya Bazar, Bhiwani (Haryana) Pin Code127021, District : Bhiwani, Haryana ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Mahila Police Station Raipur, Civil And Revenue District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent For Applicants : Mr. Abhishek Sinha, Advocate.

For Respondent/State : Mr. HS Ahluwalia, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 06/11/2020

1. The matter is heard through video conferencing.

2. The applicants have filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as they are apprehending their arrest in connection with crime no. 16/2020, registered at Mahila Police Station Raipur, Distt. Raipur (C.G.) for the offence punishable under Sections 498/34 of the IPC.

3. During course of argument, learned Counsel for the applicants submits that applicant no. 1 Sachin Kumar has already been arresting and granted

regular bail by the Trial Court itself, therefore, he does no want to press the instant application with regard to applicant no. 1 Sachin Kumar.

4. In view of the above submission, the instant application is dismissed as withdrawn with regard to applicant no. 1 Sachin Kumar.

5. As per prosecution story, on 24.02.2019, marriage of applicant no. 1 was solemnized with the complainant. Allegedly, after some time of their marriage all the applicants demanded money and vehicle from the complainant as dowry and harassed her for the same. On these background, a report has been lodged by the complainant and on the basis of her report, offence has been registered against the applicants.

6. Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that applicant no. 2 is the mother-in-law and applicant nos. 3 & 4 are the sisters-in-law of the complainant. Applicant nos. 3 & 4 was living separately from the complainant in Bhiwani, Haryana. The main allegations are against applicant no. 1 who has already been arresting and granted regular bail by the Trial Court. All the applicants are women and only general allegations have been made against them. Hence, it is prayed that the applicants may be granted benefit of anticipatory bail.

7. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

8. I have heard learned Counsel for the parties and perused the material available.

9. Considering the facts and circumstances of the case, evidence collected by the prosecution, arguments advanced by both the counsel appearing for the parties and further considering the facts that main allegations are against applicant no. 1 who has already been arresting and granted regular bail by the Trial Court itself. Only general allegations have been made against the present applicants, without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the applicants.

10. Accordingly, the anticipatory bail application is allowed.

11. It is directed that in the event of arrest, the applicants shall be released on

bail on each of them furnishing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the officer arresting them and they shall abide by all the following terms and conditions:- I.

That accused/applicants shall made themselves available for interrogation before the concerned Investigating Officer as and when required;

II.

The accused/applicants 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.

The accused/applicants shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.

The applicants shall appear before the Trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Arvind Singh Chandel) Shubham Judge