Ushank Khanna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.2174 of 2019 • Ushank Khanna, S/o Jugal Kishore Khanna, Aged About 33 Years, R/o A.G.228, Shalimaar Bag, Police Station - Shalimaar Bag, New Delhi - 110088 ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Mahila Thana Sector 6 Bhilainagar, District - Durg, Chhattisgarh ---- Respondent For Applicant Shri A. C. Sahu, Advocate For Respondent Shri K. K. Singh, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/07/2020 1.

The applicant has preferred this bail application under Section 438 of CrPC, as he is apprehending his arrest in connection with Crime No.61/2019, registered at Police Station Mahila Thana Bhilanagar, District Durg (C.G.), for the offence punishable under Section 498-A read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act.

2.

After a lover affair, the applicant was married with the complainant on 06.12.2016. According to the complainant, she stayed in her marital house for about 2 months, during which her husband and family members exerted cruelty for demand of dowry and by finding out shortcomings in the household work

performed by her.

3.

Learned counsel for the applicant submits that divorce petition has already been filed on 27.08.2018 and the present complaint is a counter-blast to the said divorce petition preferred by the applicant.

4.

Learned State counsel would oppose the prayer for grant of bail. 5.

Considering the entire facts situation of the case, this Court is inclined to extend the benefit of anticipatory bail to the applicant. Accordingly, the 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 his 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) he shall not influence the witnesses during pendency of the trial.

Sd/- Prashant Kumar Mishra Judge Nirala