Vaibhav Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1066 of 2019 Vaibhav Pandey S/o Gopal Pandey Aged About 35 Years R/o Panchwati Gorwa, Refinary Road, Barodara (Gujrat). Permanent Address Ganesh Chowk, Near Church, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent For Petitioner :

Mr. Dashrath Kushwaha, Advocate For State :

Ms. Sunita Jain, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 02/07/2019

1. The present is a repeat anticipatory bail application. Earlier anticipatory bail application was rejected by this Court on 08.05.2017 in MCRCA No. 53/2017.

2. The repeat bail application has been filed pursuant to the chargesheet being filed before the Trial Court. Counsel for the petitioner submits that allegations levelled against the petitioner is omnibus and general in nature and therefore the applicat also deserves anticipatory bail as has been granted to other family members of the present applicant.

3. This Court while rejecting the earlier anticipatory bail application had categorically rejected the claim of the present applicant and allowed the bail application of the other family members on the ground that it

was at the behest of present applicant that the complainant was subjected to harassment on account of demand of dowry. Further from the perusal of the records and statement of the complainant it reveals that the demand of dowry of the present applicant was met in as much as there has been payment of over 15 lakhs made by the mother of the complainant to the bank account of the present applicant.

4. Given the aforesaid statement of the complainant and materials collected during the course of the investigation, this Court is of the opinion that there is no substantial change in circumstances made from the time when earlier anticipatory bail application had been rejected on earlier occasion on 08.05.2017.

5. Given the aforesaid facts, the anticipatory bail application stands rejected.

Sd/- (P. Sam Koshy) Judge Rohit