Order on Board

26.04.2024

1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant, who is apprehending his arrest in connection with Crime No.19/2024 registered at Police Station Mahila Thana, District - Raipur (C.G.) for the offence punishable under Section

498-A/34 of the IPC.

2. Prosecution case in brief is that the complainant namely, Smt.

Shital Verma is said to have submitted a written complaint dated 31.12.2023 alleging therein that she got married with the applicant herein on 03.05.2022. After marriage she spent few months happily, but later on her husband, brother-in-law, sister- in-law (jeth0Jethani), younger brother-in-law and sister-in-law (Devar and Nanad) started passing taunts regarding items she brought with her and abused her in filthy language. The entire family used to harass her by making remarks over quality of items given to her by her parents at the time of marriage. Her husband does not want to keep her as wife and wants to remarry somewhere else fro more dowry. Her in-laws instigate her husband against her over trivial domestic issues and used to commit “maar-peet” also. Husband does not take her along for outings and prefers to go alone. She is subjected to cruelty and harassment by each and every member of her matrimonial house.

3. Learned counsel for the applicant would submit that the marriage of the complainant with the applicant was solemnized on 03.05.2022 and their relationship could not materialized, there is matrimonial dispute between them and the applicant who is husband alongwith the entire family members have made accused in the present case and they have been granted bail by the Sessions Court, copy of the order is annexed as Annexure A/5 and A/6. He further submits that it is a case of no injury.

4. On the other hand, learned counsel for the State submits that the wife who is Non-Applicant No.2 herein has been informed about the pendency of the present application, but none has appeared on behalf of Non-Applicant No.2 to contest the application. He endorse the fact that there is no injury cause to the complainant by the applicant.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, without further commenting anything on merits, I am inclined to grant anticipatory bail to the Applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Tikeshwar Prasad Verma, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) 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 fact to the Court.

(b) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) the Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) He shall not involve himself in any offence of similar nature in future.