Sachin Kujekar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1699 of 2018 • Sachin Kujekar S/o Shri Ghanshyam Kujekar, Aged About 29 Years, R/o Ward No. 08, Bagbahra, P.S. & Tahsil Bagbahra, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bagbahra, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Non-applicant For Applicant - Shri Shubham Tripathi, Advocate. For Non-applicant/State - Shri A.N. Bhakta, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-01-2019 1.

Apprehending arrest in connection with Crime No.316/2018, registered at Police Station - Bagbahra, District Mahasamund, Chhattisgarh for offence punishable under Section 498(A) of the IPC, the applicant has preferred this application for grant of anticipatory bail.

2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against him. The dispute between the applicant and the complainant has been settled, because of which the complainant herself has appeared before this Court and made statement about the compromise and her no objection in grant of anticipatory bail to this applicant and she also filed an affidavit sworn by her in that respect. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

It is alleged that on the date of incident on account of dispute regarding property this applicant tortured and harassed complainant Pranita Kujekar,

-2because of which she attempted to commit suicide regarding which the FIR has been lodged.

6.

After considering on the entire material present in the case diary and also considering on the statement given by the complainant herself and her no objection to grant of anticipatory bail, I feel inclined to allow this application. 7.

Accordingly, the anticipatory bail application is allowed. 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 executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the 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 so 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil