Order on Board

13.05.2024

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.42/2024 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, Sabhyata Tiwari filed a written complaint on 03.03.2024 inter alia to the effect that the marriage between applicant and complainant was solemnized on 24.01.2022 and there was no demand of dowry at the time of marriage. After three days of marriage her husband and in-laws started to harass the complainant relating to domestic wear and tear and also to fulfill their demand of dowry. After around 06 months she resided in the matrimonial house and thereafter, one day she was thrown out of the matrimonial house, then after laps of around 4 months, she was brought back in her matrimonial house. Thereafter, for some days things were normal but after the applicant and his family members started torturing the complainant on demand of dowry, as such, since on 02.03.2023, the complainant was residing in her parental house. Thereafter, on 27.10.2023, she gave birth to a baby girl in her parental house but none of the in-laws cared about that, thereafter on 03.03.2024 the instant written complaint has been filed.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the marriage between the applicant and the complainant was solemnized on 24.01.2022 according to Hindu Customs and Rites and at that time there was no demand of dowry by the applicant or his family members. He also submits that the complainant used to pressurize the applicant to live separately from his parents and on the occasion of Holi Festival 2023, the complainant had gone to her parental house at Raipur for around one month and had never returned back to matrimonial house and also the information regarding to his child has not properly given to the applicant. He also submits that the applicant had always desired to lead a matrimonial life with the complainant, but she herself has deserted the applicant, due to which on 14.02.2024 the applicant was constrained to file an application under Section 9 of the Hindu Marriage Act for restitution of marriage, whereas despite service of notice, she had not chosen to appear, due to which an ex-parte decree dated 08.04.2024 has been passed in favour of the applicant, hence he prays for grant of anticipatory bail to the applicants.

4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that in the present case the charge-sheet has not been filed before the competent Court.

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, this Court find 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 - Ajay Sharma, 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 c