Rohit Kumar Sharma And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 390 of 2017

1. Rohit Kumar Sharma S/o Late Shri Lekhan Prasad Mishra, Age 58 Years

2. Smt. Sushila Sharma W/o Shri Rohit Kumar Sharma, Age 55 Years Both are R/o New Changorbhata, Tehsil & District Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station :D.D. Nagar, Raipur, District Raipur, Chhattisgarh.

---- Respondent For Applicants Mr. Abhishek Sinha, Advocate For Respondent /State Mr. Anant Bajpayee, Panel Lawyer Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 24/5/2017

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.84/2017, registered at Police Station D.D. Nagar, Raipur (CG) for the offence under Section 498-A read with Section 34 of the IPC.

3. The applicants are the father-in-law and mother-in-law of complainant - Prerna. The complainant was married with the applicants' son Bhimeshwar Sharma on 13.7.2016.

4. Perusal of the material available in the case diary would indicate that the husband and wife were not pulling on well soon after

the marriage. There appears no allegation of demand of dowry atleast against the present applicants.

5. Considering the entires facts situation of the case and the nature of evidence available against the present applicants, I am of the opinion that present is a fit case, in which, the applicants should be extended the benefit of Section 438 of Cr.P.C.

6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, if they furnish a personal bond for a sum of Rs.25,000/- with one surety each of the like amount to the satisfaction of the concerned arresting/investigating ofÏcer or the Court concerned, as the case may be, then, they shall be released on bail on the following further conditions :

(i) that the applicants shall make themselves available for interrogation before the concerned Investigating OfÏcer 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 of the case so as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer; (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.

7. Certified copy as per rules. Sd/- Vacation Judge (Prashant Kumar Mishra) Shyna