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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 991 of 2021

Vikash Sahu S/o Vimal Kumar Sahu, Aged About 33 Years R/o

Flat No. 401, Deep Valley Apartment, Main Road, Pragati

Nagar, Risai, Bhilai, District Durg (C.G.), Presently - 809, S-70,

Plz, Apt. 28, Omaha (Nebraska) 68106 (USA)

---- Applicant

Versus

State of Chhattisgarh, Through The Police Station Mahila

Thana Durg, Sector-6, Bhilai, District Durg Chhattisgarh.

---- Non-applicant

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For Applicant

: Mr. T.K. Jha, Advocate

For Non-applicant/State

: Mr. Vimlesh Bajpai, Govt. Advocate

For Complainant

: Ms. Jaya Shrivastava, Advocate

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(Proceedings through Video Conferencing)

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

26.08.2021

1.

The applicant has preferred this first bail application under Section

438 of the Cr.P.C. for grant of anticipatory bail, as he is

apprehending his arrest in connection with Crime No.59 of 2021,

registered at Police Station Mahila Thana, Durg, Sector-6, Bhilai,

District Durg (C.G.), for offence punishable under Sections 498-A,

34 of Indian Penal Code.

2.

Case of the prosecution in brief, is that complainant got married

with the applicant on 23.11.2015. After marriage, applicant and

complainant resided in matrimonial house at Bhilai till 30.06.2016.

Applicant went to America for prosecuting higher studies. After

marriage, applicant and his parents harassed, ill-treated the

complainant for demand of dowry. Parents of applicants/father-in-

law and motor-in-law of the complainant have stated her that

education loan of Rs.20,00,000/- has been taken for studies of the

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applicant and she may bring money from her parents to clear

loan. When complainant returned back form Raipur after

completion of her PSC coaching, she was not permitted to come

in house by father-in-law and mother-in-law, therefore, she was to

reside with her sister. Applicant during his stay of America has

asked complainant to bring Rs.20,00,000/- from her parents.

When applicant did not return from America for long time,

complainant herself got prepared passport visa with the help of

her parents and went to America where the applicant was

residing. She resided there for about three months and returned

back to India. During her stay at America with the applicant,

applicant harassed, ill-teated and also assaulted her. She was not

permitted to come out of the house whenever applicant goes for

his wok, she was locked in the house, behavior of applicant was

inhuman and she was asked to consume liquor made unnatural

sex with her. She was beaten before making relationship. A written

report was filed making aforementioned allegations, based upon

which, First Information Report was registered against the

applicant and his parents.

3.

Mr. T.K. Jha, learned counsel for the applicant would submit that

applicant was a brilliant student. After completion of his education

in India, he went to America for higher studies. Due to some legal

obstructions and financial crisis, applicant had not taken

complainant along with him to America. Applicant on account of

his obligations towards his work could not able to come to India

within specified time, but he was taking care of complainant by

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sending her money timely, which is appearing from the documents

filed by him at page Nos.56 to 59 along with bail application. He

further submits that day by day behavior of complainant become

aggressive and violent, she was not taking care of his parents, but

was abusing them. She was also abusing the applicant on mobile

chat by using filthy language as appearing from WhatsApp chat

between complainant and applicant. Applicant belongs to decent

family, not used such abusing language during interaction with the