Order on Board

02.05.2024

1. This anticipatory bail application under Section 438 of the Code of Criminal Procedure has been iled by the applicants, who are apprehending their arrest in connection with Crime No. 27/2024 registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the ofences punishable under Sections 294, 323, 427, 452, 506/34 of IPC.

2. Prosecution case in brief is that the complainant Rukni Bhoy made a complaint to the Police Station stating therein that her marriage with Arun Bhoy was solemnized in the year 2020 and she was living in her matrimonial house at Village was living in her matrimonial house at Village Lekhapatar, District Bargarh (Odisha) and one child, namely, Samyranjan Bhoy is born out of their wedlock and submitted that 20 days earlier her father-in- law, mother-in-law and brother-in-law beaten her, cause of which she is living in her parental house in Village Ghatakchhar (C.G.) and on 20.03.2024, applicant No.1 Arun Bhoy, Udai Bhoy and other came to her parental house armed with wooden stick and other articles and broke open the door of her house entered into the house and after abusing her and her parents, beaten her and her parents and also caused destruction to the motorcycle and other house hold articles, cause of which the Police registered the crime as mentioned above against the accused persons.

3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any ofence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the complainant some days before have come to her parental house for attending the marriage and in the meantime, the applicant No.2 along with his mother had come to visit their relatives in a marriage function and when the applicant No.2 seen his nephew, he started playing with him, at that time the complainant snatched the child and taken along with him and then her father and mother and other persons started abusing Udai and his mother and also beaten them and upon receiving the information about the said incident, when applicant No.1 came to meed the parents of complainant also beaten him and all the three persons absconded from there and saved their life, whereas the complainant on false ground have made FIR against the applicants and falsely implicated them. Therefore, he prays for grant of anticipatory bail to the applicants.

4. On the other hand, learned State counsel, would have opposed the prayer for grant of anticipatory bail to the applicant and submits that the case diary prima facie shows the fact that the applicants have assaulted the complainant, her mother and her grandmother and caused damage to property, therefore, they are not entitled for grant of anticipatory bail.

5. I have heard learned counsel for the parties and perused all of the documents taken on record.

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 Applicants.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Arun Bhoy and Uday Bhoy, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Oicer, 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 ph