Parmeshwar Koshle And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Parmeshwar Koshle S/o Late Sukhdev Koshle Aged About 40 Years R/o Gadhola, Police Station Janjgir, District Janjgir Champa Chhattisgarh

2. Chandrashekhar Koshle S/o Late Sukhdev Koshle Aged About 43 Years R/o Gadhola, Police Station Janjgir, District Janjgir Champa Chhattisgarh

3. Kaveri Bhardwaj D/o Ishwar Bhardwaj Aged About 45 Years R/o Dhuruvakari, Police Station Pachpedi, District Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent For Applicants :- Mr. C.P. Lahrey, Advocate For Respondent-State :- Mr. Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/02/2021

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.206/2020, registered at Police Station Bilaigarh, District - Baloda Bazar- Bhatapara C.G. for offence punishable under Section 498-A read with Section 34 of the I.P.C.

2. Applicant No.1 Parmeshwar Koshle is the husband whereas applicant No.2 Chandrashekhar Koshle and applicant No.3 Kaveri Bhardwaj are Jeth and Nand respectively of the complainant - Nilima Koshle. The complainant was married with applicant No.1 in the year 2008. As per the allegation, applicant No.1 was not pleased with the complainant because she was not begetting a male child and further that the applicants were demanding motorcycle in dowry and applicant No.1 was also committing physical cruelty. Complainant would further allege that the applicant No.1 has illicit relations with more than one woman.

3. Learned State counsel would oppose the prayer for grant of bail.

4. Considering the nature of allegation and the evidence available against the applicant No.1 Parmeshwar Koshle, the anticipatory bail application in his respect is rejected with liberty to surrender and apply for regular bail. In such an event, the concerned Magistrate Court / Sessions Court shall decide the bail application expeditiously.

5. Applicant No.2 Chandrashekhar Koshle and applicant No.3 Kaveri Bhardwaj are Jeth and Nand respectively of the complainant, therefore, considering that there is no allegation against them of committing physical cruelty, I am

inclined to grant anticipatory bail to the applicants.

6. Accordingly, the anticipatory bail application is allowed in terms of applicant No.2 Chandrashekar Koshle and applicant No.3 Kaveri Bhardwaj and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (I) they shall make themselves available for interrogation by a police officer as and when required;

(ii) they 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;

(iii) the applicants shall not influence the witnesses during pendency of the trial.

Sd/- (Prashant Kumar Mishra) Judge Ayushi