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High Court Of ChhattisgarhMCRCA/1498/2020allowed

Smt. Rajmuni Devi And Others v. State Of Chhattisgarh

2021-04-01Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1498 of 2020

1. Smt. Rajmuni Devi, W/o Shravan Sao, Aged About 60 Years, R/o Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj, District- Balrampur, Ramanujganj, Chhattisgarh.

2. Smt. Reena Devi, W/o Ramashankar, Aged About 25 Years, R/o Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj, District- Balrampur, Ramanujganj, Chhattisgarh.

3. Smt. Fhulwanti Devi, W/o Ramashankar, Aged About 27 Years, R/o Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj, District- Balrampur, Ramanujganj, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through- Out Post- Vijay Nagar Police Station- Ramanujganj, District- Balrampur, Ramanujganj, Chhattisgarh.

---- Respondent For Applicants : Mr. Pushkar Sinha, Adv.

For Respondent/State : Ms. Anjali Singh Chauhan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.04.2021

1. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicants who are apprehending their arrest in connection with Crime No. 166/2020 registered at Police Station- Ramanujganj, District- Balrampur, Ramanujganj, (C.G.) for commission of the offence punishable under Sections 498 (A), 506, 325, 34 of IPC.

2. Case of the prosecution is that, it has been alleged that present applicants and their family members were harassing the complainant on account of demand of dowry and committed maarpit with her. Based on this, offence was registered against the present applicants.

3. Learned counsel for the applicants submits that the present

applicants are innocent and have been falsely implicated in this case. He further submits that the applicants were never harassed or demand anything from the complainant or her family members. He added that applicants have no antecedent, therefore, the present applicants may be granted anticipatory bail.

4. On the other hand, counsel for the State however opposes the application for anticipatory bail.

5. After hearing counsel for the parties and considering the facts and circumstances of the case, in particular applicants have no antecedent, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicants. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicants shall make themselves available for interrogation before the concerned 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 or the case as to dissuade him/her 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/- (Rajani Dubey) Judge Ruchi