Ankur Chakraverty v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 752 of 2016 • Ankur Chakraverty S/o Shri Amrendra Chakraverty Aged About 30 Years R/o Anamika, Flat No. B 17/396, Prince Anwar Shah Road, Kolkata (West Bental) 700045.

---- Petitioner

Versus

• State of Chhattisgarh through Police Station Mahila Thana, District Raipur, Chhattisgarh.

---- Respondent For the applicant :

Mr. D. K. Gwalre, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.09.2016

1. This is an application filed under Section 438 of the Code of Criminal Procedure seeking grant of anticipatory bail to the applicant in connection with Crime No. 09/2016 registered at P.S. Mahila Thana, Raipur, Distt. Raipur (C.G) for the offence punishable under Sections 498-A/34 IPC.

2. As per the prosecution case, a report was made by one Apoorv Banerjee on 18.05.2016 that she was married to present applicant on 06.12.2014 and thereafter she joined her matrimonial home at Kolkata. However, she was subjected to torture for demand of dowry and a flat and car were being demanded by the applicant and other coaccused.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no demand of dowry was ever made by the applicant and on trivial issue, the report has been made. It is further

submitted that the father and mother of applicant have already been enlarged on bail and there are chances of amicable settlement between the parties, therefore, the applicant may be admitted to anticipatory bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and statements.

6. Considering the statements of witnesses and the nature of allegations as also the documents of conciliation, I am inclined to allow this bail application.

7. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the officer arresting him or the concerned Investigating Officer. The applicant shall also abide by the following conditions :- (I) that he shall make himself available for interrogation before the investigating officer as and when required;

(ii) that he 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 any police officer;

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

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o