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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No.1577 of 2020

Bhagwat Jaiswal S/o Late Shri Babulal Jaiswal Aged About 38 Years By

Occupation Government Servant Presently Posted As Joint Collector At

District Mahasamund Chhattisgarh, R/o Rajapara , Sakti , Police Station

Sakti District Janjgir Champa Chhattisgarh, Present Address F 04, Old

Civil Lines, District Mahasamund Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Mahila Thana ,

District Raipur Chhattisgarh

---- Respondent/State

For Applicant

:

Mr. D.K. Gwalre, Advocate.

For Respondent/State

:

Mr. K.K. Singh, Government Advocate

For Objector

:

Mr. T.K. Jha, Advocate

Hon'ble Shri Justice Manindra Mohan Shrivastava

CAV Order

11/06/2021

Heard.

1.

The applicant is apprehending his arrest in connection with Crime

No.45/2020 registered at Police Station – Mahila Thana, Raipur (C.G.) for

alleged commission of offence under Section 498-A of IPC.

2.

The case of the prosecution is that the applicant and complainant were

married on 11.03.2011. It has been alleged that after marriage, the applicant/

husband was insisting for financial assistance time and again and golden

bangles gifted during marriage were taken in the name of arranging money for

marriage of brother-in-law and even thereafter, the complainant was being

compelled to make financial arrangement and demands were also made for

purchase of vehicle. In course of time, the relationship got strained and there

used to be frequent quarrel on family affairs particularly financial aspects and

the applicant/husband had abused and assaulted when complainant was

pregnant. The complainant, to save the esteem, under the pressure of the

family and her own office as Judicial Official, kept on tolerating. In the year

2013, husband was selected as Accounts Officer and then as Deputy Collector

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and then the complainant/wife came to know about his illicit relationship. On

09.06.2019, she came to know about her husband meeting with the lady with

whom he was having illicit relation. It led to quarrel, wife was insulted and the

applicant not only threatened her to kill but also threatened that he would also

commit suicide. On these allegations, offence under Section 498-A of IPC was

registered against the present applicant.

3.

Learned counsel appearing for the applicant would submit that because

of long standing dispute between the husband and wife, now an afterthought

ground and exaggerated version is being put forth by the wife/complainant.

The applicant would submit that the allegations against the applicant are either

relating to old stale incident, that too without any specific material or those

which are connected with alleged illicit relation of the applicant with another

woman. Learned counsel for the applicant would submit that the marriage was

solemnized long back in the year 2011 and the report alleging commission of

offence under Section 498-A of IPC has been lodged only recently and that too

does not contain any specific incident of any assault or physical violence but

only general allegation and there is no material to show that upon medical

examination, any injury was found on the body of the complainant. Relying

upon the decision of the Hon'ble Supreme Court in the case of Arnesh Kumar

Vs. State of Bihar and another, 2014(8) SCC 273, learned counsel for the

applicant would submit that as the applicant, himself, is a Government Servant

and Class-II Gazetted Officer holding responsible position, he may be

extended benefit of anticipatory bail as he is not likely to abscond and there is

no possibility of applicant misusing the liberty because the complainant herself

is a judicial officer.

4.

On the other hand, learned counsel for the State and Objector oppose

the prayer for grant of anticipatory bail and submit that a detailed FIR has been

lodged by the complainant in the Police Station on 08.07.2020, in which,

details of cruelty to which the complainant