HIGH COURT OF CHHATTISGARH
SMT. RAJMUNI DEVI AND OTHERS – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRCA 1498/2020
['PUSHKAR SINHA', '', 'PAWAN SHRIVASTAVA', 'A G']
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 1498 of 2020
1. Smt. Rajmuni Devi, W/o Shravan Sao, Aged About 60 Years, R/o
Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj,
District- Balrampur, Ramanujganj, Chhattisgarh.
2. Smt. Reena Devi, W/o Ramashankar, Aged About 25 Years, R/o
Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj,
District- Balrampur, Ramanujganj, Chhattisgarh.
3. Smt. Fhulwanti Devi, W/o Ramashankar, Aged About 27 Years, R/o
Village Lawa, Out Post Vijay Nagar Police Station Ramanujganj,
District- Balrampur, Ramanujganj, Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through- Out Post- Vijay Nagar Police
Station- Ramanujganj, District- Balrampur, Ramanujganj,
Chhattisgarh.
---- Respondent
For Applicants
: Mr. Pushkar Sinha, Adv.
For Respondent/State
: Ms. Anjali Singh Chauhan, P.L.
Hon'ble Smt. Justice Rajani Dubey
Order on Board
01.04.2021
1. This application under Section 438 of the Code of Criminal
Procedure has been filed by the applicants who are apprehending
their arrest in connection with Crime No. 166/2020 registered at
Police Station- Ramanujganj, District- Balrampur, Ramanujganj,
(C.G.) for commission of the offence punishable under Sections
498 (A), 506, 325, 34 of IPC.
2. Case of the prosecution is that, it has been alleged that present
applicants and their family members were harassing the
complainant on account of demand of dowry and committed
maarpit with her. Based on this, offence was registered against the
present applicants.
3. Learned counsel for the applicants submits that the present
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applicants are innocent and have been falsely implicated in this
case. He further submits that the applicants were never harassed
or demand anything from the complainant or her family members.
He added that applicants have no antecedent, therefore, the
present applicants may be granted anticipatory bail.
4. On the other hand, counsel for the State however opposes the
application for anticipatory bail.
5. After hearing counsel for the parties and considering the facts and
circumstances of the case, in particular applicants have no
antecedent, this Court is of the considered opinion that it is a fit
case to grant anticipatory bail to the applicants. Accordingly, the
application is allowed. It is directed that in the event of arrest of the
applicants in connection with aforesaid crime number, they shall be
released on bail on their furnishing a personal bond in the sum of
Rs. 25,000/- with one surety for the like sum to the satisfaction of
the concerned arresting/ investigating officer or the Court
concerned, as the case may be, with the following terms and
conditions:
(i)
that the applicants shall make themselves available for
interrogation before the concerned investigating officer as
and when required.
(ii)
that the applicants shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts or the case as to dissuade him/her from disclosing such
facts to the Court or to any police officer;
(iii)
that the applicants shall not act in any manner which will be
prejudicial to fair and expeditious trial; and
(iv)
that the applicants shall appear before the trial Court on each
and every date given to them by the said Court till disposal of the
trial.
Sd/-
(Rajani Dubey)
Judge
Ruchi