Lalit Kishor Laharia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 384 of 2017 • Lalit Kishor Laharia S/o Mohan Lal Laharia Aged About 29 Years R/o Flat No. 25, Near Sai Mandir, Goal Chauk, Rohnipuram, Raipur, Chhattisgarh.

---- Petitioner

Versus

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

---- Respondent For Applicant Shri Arvind Shrivastava, Advocate For Respondent-State Shri Wasim Miyan, PL Hon'ble the Vacation Judge Order On Board 24/05/2017 1.

The present application has been filed under Section 438 of CrPC for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.114/2017, registered at Police Station - D. D. Nagar, District Raipur, for the offence punishable under Sections 498 & 506/34 IPC.

2.

The applicant married with the complainant on 04.02.2016 and were residing together, however, on account of some dispute between them, the complainant has gone back to her parental house at Ujjain. It is not in dispute that the applicant has initiated proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rites. The applicant is a Development Officer

in the Life Insurance Corporation. Although, there is allegation of demand of dowry but other allegations are omnibus in nature. 3.

Considering the entire facts situation of the case, particularly for the reason that the applicant is an Development Officer in the Life Insurance Corporation and in the event of his arrest for the subject offence which is otherwise trialable by the Judicial Magistrate, First Class, it may adversely impact his services, this Court is inclined to release the applicant on anticipatory bail.

4.

Accordingly, the bail application is allowed. It is directed that in the event of arrest of the applicant if he furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned arresting/investigating officer or the Court concerned, as the case may be, then he shall be released on bail on the following further conditions :

(i) that the applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required;

(ii) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- V Judge Prashant Kumar Mishra Nirala