Smt. G. Jaylaxmi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 674 of 2015 Smt. G. Jaylaxmi W/o Suryanarayan Aged About 57 years R/o Laxminarayan Niwas, In Front Of Vridha Ashram, Kali Mandir Road, Charoda, Police Station Bhilai-3, District Durg Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Mahila Thana, Durg Chhattisgarh.

---- Respondent For Applicant - Mr. Goutam Khetrapal, Advocate For Respondent/State - Ms. Shubha Shrivastava, Panel Lawyer Order On Board 05/08/2015 Heard.

1.

The applicant is apprehending her arrest in connection with Crime No.6/2015 registered at police station - Mahila Thana, Durg (C.G.) for alleged commission of offence under Section 498-A/34 of IPC and Section 4 of Dowry Prohibition Act. 2.

Prosecution case is that the complainant, the daughter-in-law of the applicant, was harassed and subjected to cruelty and it is alleged that on one occasion, she was beaten up also by all the accused including the applicant. 3.

Learned counsel for the applicant submits that the allegation of physical violence are specific against other accused and not the present applicant. On that aspect, the nature of allegation against the applicant and those who were already granted anticipatory bail by the Court below are similar. It is also submitted that the applicant is a lady aged about 57 years, therefore, she is not likely to abscond or tamper with the prosecution witnesses. 4.

On the other hand, learned State counsel opposes prayer for grant of anticipatory bail

and submits that merely because the applicant is aged about 57 years, on this ground, she is not entitled to grant of anticipatory bail and submits that according to the complainant, she was beaten up by all the members of the family and her husband and with specific allegation against the husband of dragging and beating.

5.

Taking into consideration the nature of allegations against the applicant, particularly that against the applicant, the allegations are similar to those in the case of accused, who have been granted anticipatory bail and further taking into consideration that the applicant appears to be 57 years of age and she is not likely to tamper with the prosecution witness, the application is allowed.

6.

It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicant shall abide by all the following terms and conditions - (i) that the applicant shall make herself available for interrogation by a Police Officer as and when required;

(ii) that she 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 her from disclosing such facts to the Court or to any Police Officer.

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

Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha