Vijay Kumar Lahre And ORS. v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4177 of 2017 • Vijay Kumar Lahre S/o Shri Krishna Chandra Lahre, Aged About 30 Years, Agriculturist, R/o Village Pamgarh, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh, Present Address Dayalband Bilaspur Chhattisgarh • Krishna Chandra Lahre S/o Shri Udal Ram Lahre, Aged About 55 Years, Lecturer - Government High School Sasaha, Caste Satnami, R/o Village Pamgarh, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh • Sanju Lahre S/o Shri Krishna Chandra Lahre, Aged About 25 Years, Constable - Mining Department Surguja Chhattisgarh, R/o Village Pamgarh, Police Station Pamgarh Tahsil Pamgarh, District Janjgir Champa Chhattisgarh Present Address Chopda Para Ambikapur District Surguja Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer Police Station Pamgarh, District Janjgir Champa Chhattisgarh ---- Non-applicant For Applicant - Shri Ashok Verma, Advocate.
For Non-applicant/State - Shri N.K.Mehta, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 26-07-2017 1.
Heard the matter finally.
2.
Learned counsel for the applicants would submit that the applicants held arrested in connection with Crime No.297/2016 on 04-5-2017 by P.S. Pamgarh, District Janjgir-Champa, C.G. for the offence under Section 498A, 323, 324, 506 Part II, 34 of the IPC and Section 3, 4 of the Dowry Prohibition Act, 1961. After investigation police had filed the charge sheet against total 4 accused persons including co-accused Suchitra Lahre W/o Applicant No.2 Krishna Chandra Lahre; the said co-accused was granted anticipatory bail by the coordinate Bench in MCRCA No.34/2017 dated 04-05-2017. The present applicants were also applicants in the said matter, but as they were arrested on 04-05-2017, hence as prayed on behalf of the applicant that the said MCRCA became infructuous hence the said part of the MCRCA was disposed of as
-2infructuous in relation with the present applicants. Learned counsel for the applicants would further submit that this is the first bail application, there is no any matter traveled upto the police diary to the incident. Complainant Smt. Preeti Lahre Tandon married to applicant No.1 Vijay Kumar Lahre on 16-042016 and as per the allegation, all the accused demanded dowry, tortured, committed cruelty and beaten the complainant after pouring kerosene oil and gave her threat to take the life. The doctor noticed 11 abrasions over the body of the complainant. The applicants are falsely implicated. They will not commit any offence in future. Trial may take some time. They are local residents. The co-accused was granted anticipatory bail and she had not misused the liberty . The present applicants will not misuse the liberty if granted.
Applicant No.2 Krishna Chandra Lahre is a Lecturer at Govt. High School Sasaha. Applicant No.3 Sanju Lahre is working as Constable in Mining Department Surguja. They possessed immovable property and they are permanent residents of Village Pamgarh and will not abscond.
3.
Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicants and would submit that all the applicants had beaten the complainant as their parents gave less dowry and also she is not pretty, gave her threat to take her life, poured the kerosene oil and in the said incident the complainant received 11 abrasions. Hence, looking to the entire act, the instant MCRC may be dismissed. 4.
Perused the entire material.
5.
As the applicants are in custody since 2 months and 22 days, charge sheet has been filed, trial may take some time, the matter is triable by the Judicial Magistrate First Class, the applicants are permanent residents, the coaccused was granted anticipatory bail, on consideration of the entire facts, I am inclined to grant one last opportunity to the applicants so that they shall not involve themselves in any offence and shall live peacefully in society.
-3Consequently, the instant MCRC is hereby allowed. The applicants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- with two solvent sureties of Rs.25,000/- each to the satisfaction of the Judicial Magistrate First Class Pamgarh, District Janjgir Champa, C.G. for their appearance before the said Court as and when directed till trial.
6.
It is made clear that this order granting bail to the applicants shall stand cancelled automatically without reference to the Bench by the Court below if (i) the trial Court finds that the applicants suppressed filing or pendency of any other application for grant of bail before this Court or the Hon'ble Apex Court intentionally; (ii) the applicants do not cooperate in the trial; (iii) the applicants are found to be involved in any offence of the like nature; and (iv) the trial Court finds that the applicants remain absent without any sufficient and cogent reason. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation. 7.
It is further directed that the applicants shall appear in person before the IO/SHO/In-charge, as the case may be, of P.S. Pamgarh, District Janjgir Champa, C.G. in 1st and 3rd Monday of every month at 11.00 a.m. sharp till disposal of the said criminal case against them. If the applicants failed to mark their appearance before the concerned police as directed, the police may inform the trial Court for the same and if the trial Court appreciates that the applicants were not present before the concerned police for no any sufficient or cogent reason, the bail granted to the applicants shall stand cancelled by the trial Court without further reference to the Bench. 8.
Registrar (Judicial) is directed to send a copy of this order to the concerned trial Judge and also to provide a copy of the order to the non-applicant/State for placing it with the case diary to be returned to the concerned police for compliance and information.
-49.
In addition, the applicants are directed not to communicate/contact in any of the manner with the complainant and the witnesses cited in the charge sheet or attempt to ask for any favour in the trial. If so, the witnesses and the complainant may report the said act to the trial Judge and if the trial Judge finds that in any way the applicants gave pressure or any attempt for any illegal favour in the trial or otherwise directly or indirectly, the bail granted to the applicants shall be cancelled without further reference to the Bench and the concerned trial Court shall take the applicants in custody including other measures as provided under the law.
10.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) Judge Aadil