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NAFR

HIGH COURT of CHHATTISGARH, BILASPUR

MCRCA

No. 896 of 2021

1. Mukesh Verma S/o Santosh Verma, aged about 38 years

2. Smt. Rama Deshmukh W/o Yogendra Kumar Deshmukh, aged

about 27 years

3. Santosh Verma S/o late Sitram Verma, aged about 55 years

All R/o Shastri Chowk, Diprapara, Ward no. 39, Durg, P.S.

Kotwali, Durg, Tahsil & District Durg Chhattisgarh

------Applicants

VERSUS

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State of Chhattisgarh through: Police Station Lalbagh, District

Rajnandgaon, Chhattisgarh

-------Non-applicant

For Applicant : Mr. P.R. Patankar, Adv.

For Non-applicant- State : Mr. Anjali Singh Chouhan, P.L.

(proceedings through video conferencing)

Hon'ble Shri Parth Prateem Sahu, Judge

ORDER

12/08/2021

1.

Applicant has preferred this application under Section 438 of CrPC

for grant of anticipatory bail as they apprehend their arrest in

connection with Crime No. 110/2021 registered at Police Station

Lalbagh, District- Rajnandgaon (C.G.) for the offence punishable

under Sections 294, 34 of IPC and Sections 4 & 5 of Tonhi Pratadna

Nivaran Act, 2005.

2.

As per the case of prosecution, applicant no. 2 is married to

Yogendra Deshmukh at Rajnandgaon on 05.07.2020 when the

complainant Goverdhan Deshmukh was in his house along with the

family members ie. son Pankaj, Rajesh and Yogendra, at about 02:00

pm, applicant no. 3 along with applicant no. 1 and others reached to

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the house of complainant, upon which, complainant asked the guests

to go to second floor where applicant no. 2 lives with her husband. At

about 03:00 pm, applicants along with others came down and during

the talk the dispute occurred, upon which, applicant no. 3 and 1 have

abused her using the word “dayan” and said that they will not eat

food prepared from her hand. They have also abused her in filthy

language. They went out from the house along with her daughter-in-

law ie. applicant no. 2. Based on the aforementioned incident dated

05.07.2020, written report was lodged on 03.03.2021 based on which

F.I.R. was registered on 16.03.2021, initially, for offence under

Section 294 and 33 of IPC. At the time of submission of final report,

provisions of Section 4 & 5 of Chhattisgarh Tonhi Pratadna Nivaran

Act, 2005 was also added. Applicant filed before Court below was

rejected by impugned order, which made the applicants to approach

this Court by filing an application for grant of anticipatory bail.

3.

Mr. P.R. Patankar, learned counsel for the applicants submits that

applicant no. 2 is daughter-in-law of complainant in this case. She

was married with Yogendra Kumar Deshmukh on 27.03.2020.

Applicant no. 2 was living happily with her husband Yogendra (son of

complainant). Applicant no. 2 was ill-treated and harassed on the

ground of bringing articles of inferior quality and further that applicant

no. 2 was involved in playing witchcraft, abusive words were also

used against her on several occasions which made her to file a

report before Mahila thana Sector 6, Bhilai, Durg on 13.10.2020

which is after few months after marriage. Based on the written

report, F.I.R. was registered against the complainant and the family

members on 23.02.2021 for offence under Section 498A and 34 of

IPC. He submits that though the allegations of ill-treatment are with

regard to tonhi pratadna but the offence under Section 4 & 5 of the

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Act was not registered against them. He further submits that the

present F.I.R. registered against the applicants is based on the false

complaint only as a counter blast to the F.I.R. registered against

complainant and others on 23.02.2021. He further submits that in the

instant case, date of incident is shown as 05.07.2020 but the

complaint was lodged on 03.03.2021 with inordinate delay which

itself shows the allegations are false and frivolous. He submits that

the applicant no. 3 is working as Lineman at Nagar Nigam, Durg,

applicant no. 1 is