Chattisgarh High Court
Falit Ram Chaturvedi vs State Of Chhattisgarh on 7 July, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 768 of 2021
Falit Ram Chaturvedi S/o Gopiram, Aged About 22 Years, R/o
Lalakapa Khaiwar, Tahsil and District Mungeli, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through Police Station City Kotwali,
Mungeli, District Mungeli, Chhattisgarh.
---- Non-applicant
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For Applicant : Mr. Hemant Kesharwani, Advocate
For Non-applicant/State : Ms. Anjali Singh Chouhan, P. L.
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(Proceedings through Video Conferencing)
Hon'ble Shri Justice Parth Prateem Sahu
Order on Board
07.07.2021
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.203 of 2021,
registered at Police Station City Kotwali Mungeli, District Mungeli
(C.G.), for offence punishable under Section 498-A/34 of the
Indian Penal Code.
2. Case of the prosecution in brief, is that complainant/wife of the
applicant has lodged a written complaint on 24.03.2021 stating
therein that she performed love marriage with the applicant in the
year 2018 and thereafter, she resided with the applicant in her
matrimonial house at village Lalakapa. They lived happily for one
year, thereafter, she delivered a girl child who died after one day.
Brother-in-law and sister-in-law of the complainant started
harassing and abusing her on the ground that she killed her child.
There was regular dispute between complainant and her brother-
in-law and sister in law. They used to say that she has not brought
motorcycle, refrigerator, cooler, utensils etc. as dowry. On
13.10.2020, her husband assaulted her and also ousted her. She
made a complaint before the Family Counselling Center, Mungeli
where the applicant stated before the member/Counselor on
08.03.2021 that he will take back his wife/complainant. Before the
Superintendent of Police also, the applicant on 17.03.2021 stated
that he is ready to take back the complainant with him, but he did
not take back the complainant in his company, which made the
complainant to lodged report on 24.03.2021, based upon which,
First Information Report was registered on 13.04.2021 against the
present applicant for aforementioned offence.
3. Mr. Hemant Kesharwani, learned counsel for the applicant submits
that complainant/wife herself left the house of the applicant on
trivial issue. Referring to Annexure A/3, which is a proceeding
drawn under Section 155 of the Cr.P.C., he submits that initially
allegation of assault has been levelled against the applicant on
13.10.2020, but the police did not found any substance to initiate
any proceeding under the criminal law and advised her to take
recourse of the Court proceedings. He further submits that
applicant thereafter filed an application under Section 13 of the
Hindu Marriage Act for grant of divorce before the Family Court
Mungeli, which was dismissed vide judgment dated 22.10.2019.
After dismissal of divorce petition filed by applicant on 18.09.2020,
complainant/wife and applicant mutually agreed for separation
and this was recorded as an agreement in presence of two
witnesses. The said agreement was executed before the Notary.
The complainant/wife was not residing with the applicant since
2019, but false and frivolous complaint has been lodged against
him after lapse of about two years. It is contended that the
applicant is a Government servant working in the Police
Department as Constable, for which, he has filed Identity Card
issued by the Police Department and if the applicant is arrested,
his entire service career will be ruined.
4. Per contra, Ms. Anjali Singh Chouhan, learned Panel Lawyer
representing the State vehemently opposes the bail application
and submits that complainant/wife has filed a written report
wherein allegation of harassment, ill-treatment and demand of
dowry has been levelled against the applicant, brother-in-law and
sister-in-law of the complainant. He read over the complaint dated
24.03.2021 and while referring to First Information Report, she
submits that the First Information Report was registered on
13.04.2021.
5. I have heard learned counsel for the parties.
6. Taking into consideration entire facts and circumstances of the
case, nature of allegations, Annexures A/2 and A/3 i.e. judgment
passed by Family Court dated 22.10.2019 and further proceeding
drawn by Police under Section 155 Cr.P.C. would show that
complainant was not residing in the company of present applicant
since 2019, the compliant has been made only on 24.03.2021,
applicant is a Government servant working in the Police
Department and there is no livelihood of his absconding, I am
inclined to release the present applicant on anticipatory bail.
7. Accordingly, bail application is allowed and it is directed that in the
event of arrest of the applicant in connection with the aforesaid
offence, he shall be released on anticipatory bail on his furnishing
a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one surety in the like sum to the satisfaction
of the arresting officer and he shall be abide by the following
conditions :-
(i) he shall make himself available for interrogation by a
police officer as and when required;
(ii) he shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer.
(iii) he shall not influence the witnesses during
pendency of the trial.
Certified copy as per Rules.
Sd/-
(Parth Prateem Sahu)
Judge
Yogesh
