Order on Board

24/01/2023

1. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicants who are apprehending their arrest in connection with Crime No.98/22 registered at Police Station – Keshkal, District – Kondagaon (C.G.) for commission of the offence punishable under Sections 323, 498-A, 34 of Indian Penal Code.

2. Allegation against the applicants is that after 15 days of solemnization of marriage, the applicants started harassing the complainant for demand of dowry and committed maarpeet with her.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicant No.1 had moved a written complaint in the month of March, 2022, whereupon a counselling was conducted and in the counselling, both the Complainant and the Applicant No.1 admitted to reside together peacefully. In the counselling, no allegation regarding dowry whatsoever was made aganist the applicants by the complainant. Learned counsel also submits that the FIR has been lodged on 04.08.2022 and on the very day MLC of the Complainant was conducted, wherein the Doctor did not find any injury, which is evident from the finding of the Court below. Thus, considering all the aforesaid aspects of the matter, the applicant may be granted anticipatory bail.

4. Learned 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, further considering the nature of allegation against the applicants, quality of evidence and the fact that there is no apprehension of the applicants tampering with the evidence or absconding, without commenting anything on merit of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicants.

6. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one solvent surety for the like sum to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions:

(i) that the applicants shall make themselves available for interrogation/medical examination before the concerned investigating officer as and when required;

(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer;

(iii) that the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.