NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 525 of 2015

1. Naresh Kumar Yadav S/o Late Shri Radhelal Yadav Aged About 40 years Occupation-

L.I.C. Agent, R/o Ward No.14, Ganjpara, Ambagarh Chowki, Police Station & Tahsil-

Ambagarh Chowki, District Rajnandgaon, Chhattisgarh

2. Smt. Nand Kumari Yadav Wd/o Late Shri Radhelal Yadav Aged About 65 Years R/o

Ward No.14, Ganjpara, Ambagarh Chowki, Police Station & Tahsil- Ambagarh Chowki,

District Rajnandgaon, Chhattisgarh

3. Rakesh Kumar Yadav S/o Late Shri Radhelal Yadav Aged About 35 Years R/o Ward

No.14, Ganjpara, Ambagarh Chowki, Police Station & Tahsil- Ambagarh Chowki,

District Rajnandgaon, Chhattisgarh

4. Rajesh Kumar YadavS/o Late Shri Radhelal Yadav Aged About 35 Years Occupation-

Agriculture, R/o Village- Thuhadbari, Post- Chhachhanpahri, Police Station & Tahsil-

Ambagarh Chowki, District- Rajnandgaon, Chhattisgarh

5. Smt. Swati Jain @ Annu W/o Shri Vikas Surana (Jain) Aged About 34 Years

Occupation- Housewife, R/o Village- Rengadabari, Post- Doundilohara, Police Station

& Tahsil- Dondilohara, District- Balod, Chhattisgarh

---- Applicants

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station- Ambagarh

Chowki, District Rajnandgaon, Chhattisgarh

---- Respondent

For Applicants

-

Shri Arvind Sinha, Advocate

For Respondent/State

-

Ms. Shubha Shrivastava, Panel Lawyer

Order On Board

09/07/2015

Heard.

1.

At the outset, learned counsel for the applicants seeks to withdraw the bail

application of applicant No.1 Naresh Kumar Yadav and applicant No.2- Smt. Nand

Kumari Yadav. Their applications are dismissed as withdrawn.

2.

Taking into consideration the submission of learned counsel for the applicants

that the applicant No.2 – Smt. Nand Kumari Yadav is aged 65 years, and in case,

regular bail application is moved by applicant No.2, the Court below shall consider and

decide her regular bail application within three days.

3.

The applicant No.3 – Rakesh Kumar Yadav, applicant No.4- Rajesh Kumar

Yadav and applicant No.5- Smt. Swati Jain @ Annu are apprehending their arrest in

connection with Crime No.131/2015 registered by Police Station- Ambagarh Chowki,

District-Rajnandgaon (C.G.) for alleged commission of offences under Sections 498(A)

& 323 read with Section 34 of IPC.

4.

Case of the prosecution is that the applicants harassed and subjected to cruelty

and it is also alleged that complainant was bitterly beaten up in the matrimonial house,

due to which, she sustained number of injuries and was found bleeding.

5.

Learned counsel for the applicants submit that present is a case of matrimonial

dispute between the husband and wife and attempt was made to settle the dispute but

as the settlement failed, report has been lodged after long delay.

6.

On the other hand, learned counsel for the State opposes prayer and submits

that the complainant has clearly stated that beating was given to her and in the

medical examination, she was found having sustained number of injuries.

7.

Taking into consideration the submission of learned counsel for the parties,

particularly taking into consideration that the allegation of assault is against other

accused and not these three accused and the allegations against them are omnibus

and general in nature, I am inclined to grant anticipatory bail to applicant No.3 –

Rakesh Kumar Yadav, applicant No.4- Rajesh Kumar Yadav and applicant No.5-

Smt. Swati Jain @ Annu. Therefore, the application of applicant No.3 – Rakesh

Kumar Yadav, applicant No.4- Rajesh Kumar Yadav and applicant No.5- Smt.

Swati Jain @ Annu are allowed.

8.

It is directed that in the event of arrest of applicant No.3 – Rakesh Kumar Yadav,

applicant No.4- Rajesh Kumar Yadav and applicant No.5- Smt. Swati Jain @

Annu in connection with the aforesaid offence, the applicants shall be released on bail on

each of them furnishing a personal bond in the sum of Rs.20,000/- along with one local surety

for the l