Vinay Dongle v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 709 of 2016 Vinay Dongle S/o Shri Laxmichand Dongle Aged About 38 Years, R/o Khalkhurd Mohalla, Village Khalghat, Tahsil Dharampuri, P.O. & P.S. Dhamnod, District Dhar, Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Durg, District Durg, Chhattisgarh.

---- Respondent ________________________________________________________ For applicant -Shri P.R. Patankar, Advocate.

For Respondent/State - Shri Vivek Singhal, PL. For objector - Shri Santosh Sahu, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 10/08/2016 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No. 327/2016 registered at Police Station Supela, District-Durg (C.G.) for offence punishable under Sections 498-A/34 of I.P.C. and Section 4 of Dowry Prohibition Act.

2.

As per the prosecution case, the applicant was married to Sirin Chouksey on 8/04/2015. Thereafter, she joined her matrimonial home at Pune and and when the husband lost his job on 12/05/2015, she ultimately came back on 16/06/2015. It is alleged that during her stay with the husband, the applicant has demanded Rs.20 lakhs from the complainant. Thereby, offence is committed.

3.

Learned counsel for the applicant submits that basic reason of the dispute was that when the applicant lost his job on 12/05/2015 and thereafter parents of the girl took the girl away with them and only for two months the complainant stayed with the applicant and therefore applicant has been falsely implicated and general allegations have been attributed, therefore

applicant may be granted benefit of anticipatory bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the girl Sirin Chouksey. Taking into such nature of allegations and facts of this case, 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