Devendra Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1770 of 2020 • Devendra Ratre S/o Shri Umashanker Ratre, aged about 28 years, R/o. Village- Bedapara, Thana & Tahsil- Lormi, Civil & Revenue District- Mungeli (C.G.) (age wrongly mentioned in order) ---- Applicant

Versus

• State of Chhattisgarh, Through : the Station House OfÏcer, Police Station Lormi, District Mungeli (C.G.) ---- Respondent For Applicant : Mr. Sunil Sahu, Adv.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.06.2021

1. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 562/2020 registered at Police Station- Lormi, District Mungeli (C.G.) for commission of the offence punishable under Sections 498-A, 506/34 of the IPC.

2. As per the prosecution case, the allegation against the present applicant is that he as well as his family members started harassing the complainant both mentally and physically for demand of dowry. It is further alleged that when she was pregnant, applicant gave some medicine for her abortion.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the complainant is wife of the applicant and when she failed to adjust herself with the family of the applicant she left the house of the applicant and lodged a false and fabricated complaint against the applicant and his family members. He further added that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, therefore, the

present applicant may be granted anticipatory bail.

4. On the other hand, counsel for the State opposes the application for anticipatory bail.

5. After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

6. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating ofÏcer 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 before the concerned investigating ofÏcer 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 or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer; (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 V/-