Varun Chandra Madhani v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6623 of 2017 Varun Chandra Madhani, S/o. Vijendra Madhani, Aged About 27 Years, R/o. 304, Kripalaya Apartment Venkatpuram, Alwal, Telangana. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Tarbahar, Bilaspur, District Bilaspur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shakti Raj Sinha, Advocate For Respondent :

Mr. Neeraj Sharma, Dy. Govt. Advocate For Objector :

Mr. Devesh Chandra Verma, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.280/2016 registered at Police Station- Tarbahar, Bilaspur (C.G.) for the offence punishable under Section 498-A/34 of I.P.C. & 66, 72 of I.T. Act and 3, 4 of Dowry Prohibition Act.

2.

As per the prosecution case, a report was made by the wife/complainant that she was married to the present applicant on 18.12.2014, thereafter, she was subjected to torture for demand of dowry and after the marriage she was shown porn films and her clippings were also prepared by the husband and thereafter she was subjected to cruelty.

3.

Learned counsel for the applicant submits that the report which has been made to cyber-cell would show that after the report was made, the cyber-cell has collected the contents which were after the report made, therefore, it would not connect the present

applicant. He further submits that the charge sheet in this case has been filed and no further investigation is necessary, the applicant has surrendered before the Court on 06.10.2017, therefore, he may be released on bail.

4.

Per contra, learned State counsel and counsel for the objector vehemently opposes the prayer for grant of bail. 5.

Perused the case diary, report, statement of the wife and also the conciliation proceedings. The charge sheet in this case has been filed. Considering the nature of allegation and the fact that charge sheet has been filed and the applicant is in jail since 06.10.2017, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok