Order on Board

03.05.2024

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.05/2024 registered at Police Station – Mahila Thana Raipur, Civil And Revenue District Raipur, Chhattisgarh for the offence punishable under Sections 498-A, 34 and 377 of the IPC.

2. Prosecution case in brief is that the complainant has lodged report to the concerned police station that she was solemnized Court marriage with the applicant and after some time of marriage, the applicant was harassed and tortured to the complainant in the name of demand of dowry and hence she left from her matrimonial house since then she is residing at her parental house and on the basis of such report, police has registered the offence punishable under 377 section 498-A, 34 of the I.P.C. against the present applicant and his whole family members.

3. Learned counsel for the applicant would submit that the applicant is innocent and he has not committed any offence. He further submits that the husband of the complainant has neither harassed or tortured the complainant wife, nor demanded dowry from her. He later submits that as per the report dated 25.04.2024, it has been informed that the notice issued to respondent No.2 has already been served, but despite of the said notice, neither respondent No.2 in person, nor any counsel was present to object this bail application. He later submits that during the counseling also, the applicant has made an offer to live together, but despite the same, she refused to stay. Hence, he prays for enlarging the applicant on bail.

4. On the other hand, learned State counsel opposed the bail application of the applicant.

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

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and further considering that the complainant received no injury and staying in her matrimonial home by her own will, without further commenting anything on merits, this Court deems it appropriate 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- Keshav Banjare, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-

(a) they 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 them from disclosing such fact to the Court.

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

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

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

(f) they shall not involved himself in any offence of similar nature in future.