Ajay Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1744 of 2020 • Ajay Kumar Sharma, S/o. Bhudev Ram, Aged about 32 years, R/ o. Old RTO Office, Nehru Ward Suare, Civil Lines, Gondiya (Maharastra) Presently residing at F-103, Unikarn, Nakshatra Society, Gate No.690, Bhima Koregaon (Maharastra) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Mahila Thana, Sector-6, Bhilai, District Durg Chhattisgarh ---- Respondent For Applicant : Shri H.B.Agrawal, Sr. Counsel assisted by Smt. Swati Agrawal, Advocate For Respondent/State : Shri Samir Sharma, Dy. GA For Respondent/Objector : Shri Aman Yadav, Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board by Virtual Hearing 08/06/2021 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.61/2020 registered at Police Station Mahila Thana, Sector-6, Bhilai, district Durg (CG) for the offence punishable under Sections 498-A,34 IPC. Case of the prosecution in brief is that report was lodged by the complainant against her father-in-law, mother-in-law and husband

alleging that they subjected her to cruelty for demand of dowry. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. He further submits that there are general allegations against the applicant and there is a delay in lodging the FIR. He submits that in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore he may be granted bail.

On the other hand, learned counsel for the State as well as the objector opposes the bail application.

Having heard counsel for the parties and considering the totality of the facts, in particular, the fact that there are general allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. 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 on his executing a personal bond in sum of Rs. 25,000/- with one surety to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make himself available for interrogation/ medical examination 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 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/- (Rajani Dubey) Judge suguna