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High Court Of ChhattisgarhMCRCA/1020/2019allowed

Sagar Verma And ANR. v. State Of Chhattisgarh

2019-08-02Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1020 of 2019

1. Sagar Verma, S/o Madan Lal Verma, Aged About 38 Years, R/o Belapur, Ward No. 03, P.S. Shrirampur Sahar, District-Ahmadnagar, Maharashtra.

2. Smt. Meena Verma, W/o Sagar Verma, Aged About 34 Years R/o Belapur, Ward No. 03, P.S.- Shrirampur Sahar, District- Ahmadnagar, Maharashtra.

---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police-StationKatghora, District- Korba, Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

Mr. Awadh Tripathi, Advocate.

For Respondent :

Mr. Devendra Pratap Singh, Dy. Adv. General.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/08/2019

1. The applicants have preferred this bail application under Section 438 of Cr.P.C. apprehending their arrest in connection with Crime No.39/2019 registered at Police Station- Katghora, DistrictKorba(C.G.), for the offence punishable under Section 498-A/34 of the Indian Penal Code.

2. Learned counsel for applicant submits that applicants are innocent and have been falsely implicated in this case. These applicants are residents of Belapur, District-Ahmadnagar(Maharastra). The rest of the accused are residents of Nasik. The complainant has made general allegations against these applicants to falsely implicate in this case

Page No.2 only for the reason that they related to other accused persons, therefore, it is prayed that this applicants may be granted anticipatory bail.

3. Learned State counsel opposes bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to the FIR lodged, marriage of the complainant Smt. Manju Soni was performed on 29.6.2018. Because of the torture given by her husband and in-laws for demand of dowry, complainant has left her matrimonial home in the month of January, 2019, and has lodged FIR on 25.2.2019 in police-station-Katghora, District-Korba. Hence, this case.

6. Considering that the allegation made against the applicants are general in nature and also keeping in view the law laid down by the Hon'ble Supreme Court in the matters of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273, and Rajesh Sharma vs. State of Uttar Pradesh and Ors reported in (2017) 8 SCALE 313, I am of this opinion that applicants deserve to be benefited with grant of anticipatory bail.

7. Accordingly, anticipatory bail application is allowed and it is directed that in the event of arrest of applicant in connection with aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

Page No.3 (i) that the applicants shall make themself available for interrogation before the investigating officer as and when required;

(ii) that the 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 them/their from disclosing such facts to the Court or to any police officer; (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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/- (Rajendra Chandra Singh Samant) Judge Nisha