Anand Prakash v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 704 of 2015 Anand Prakash S/o Shri Rajkumar Aged About 22 years R/o Village Kishan Parsada, Police Station- Masturi, Civil And Revenue District- Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station- Masturi, Civil And Revenue District- Bilaspur, Chhattisgarh ---- Respondent Shri Parasmani Shriwas, counsel for the applicant/s. Shri Manish Nigam, Panel Lawyer for the State. Order On Board 07/08/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No.203/15 registered at police station - Masturi, Distt. - Bilaspur, CG for alleged commission of offence under Section 498 (A) / 34 of IPC.

2.

Prosecution case is that the applicant harassed and subjected to cruelty his wife. 3.

Learned counsel for the applicant submits that the allegations against the applicant are exaggerated. He submits that the applicant's wife was not happy due to consumption of liquor by the applicant and therefore, she insisted to give-up, which led to serious dispute between them and later on, when conciliation failed, report has been lodged.

4.

On the other hand, learned State counsel opposes the bail application and submits that the applicant frequently used to consume liquor, at times, used to abuse and beat his wife.

5.

Taking into consideration the totality of the circumstances, absence of any injury and also taking into consideration the submission that after lodging of report, the wife of the applicant is residing with him, I am inclined to grant anticipatory bail to the

applicant.

6.

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 arresting officer on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer with following further conditions that: (i) the applicant shall make himself available for interrogation by the police officer as and when required;

(ii) 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 from disclosing such facts to the Court or to any police officer; Certified copy as per rules.

Manindra Mohan Shrivastava Judge Deepti