High Court Of ChhattisgarhMCRCA/1798/2020allowed

Atul Kumar Shukla v. State Of Chhattisgarh

2021-06-25Hon'Ble The Acting Chief Justice2 pages

MCRCA No. 1798 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1798 of 2020 • Atul Kumar Shukla S/o Umesh Kumar Shukla Aged About 33 Years R/o Qtr. No. D.W. 76, Abhishek Nagar, Police Station Cant, Kasba And District Gorakhpur U.P. , At Present R/o Vikrant Apartment, Plot No. 917, Block - A, Shrinath Puram, Kota (Rajasthan).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana Sector - 6, Bhilai Nagar, District Durg Chhattisgarh.

---- Respondent For Applicant :-Mr. T.K. Jha, Advocate For State :-Mr. V.R. Tiwari, Addl.A.G. with Mr. Arijit Tiwari, PL Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Order On Board 25/06/2021

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.72/2020, registered at Police Station Mahila Thana Sector-6, Bhilai Nagar, District Durg C.G. for offences punishable under Section 498-A, 34 of the I.P.C.

2. Applicant was married with the complainant on 29.1.2019. As per the allegations, the applicant and his relatives committed cruelty by demanding Innova car from the complainant and her family member. They also misbehaved / ill behaved with the complainant by causing physical and mental cruelty in connection with demand of dowry.

MCRCA No. 1798 of 2020

3. Learned State counsel would oppose the prayer for grant of anticipatory bail.

4. Considering the fact that the applicant's mother is suffering from cancer and on this ground he has been allowed interim anticipatory bail as also for the fact that the offence is triable by JMFC and in FIR itself it is mentioned that she has lodged the FIR because her husband was not taking her back to matrimonial house, I am inclined to release the applicant on anticipatory bail.

5. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i)he shall make himself available for interrogation by a police officer as and when required;

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

(iii) the applicant shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi