Pavan Parmar (Wrongly Mentioned ... vs State Of Chhattisgarh
2022 Latest Caselaw 519 Chatt

                                                                                              NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                                  MCRCA No. 1515 of 2021
     • Pavan Parmar (Wrongly Mentioned As Parman), S/o Heer Ji Parmar,
       Aged About 36 Years R/o 4-7-425/426, Esamiya Bazar, District -
       Hyderabad A.P., Address - Behind R.M.E. Compound, Near - Fafadih
       Chowk, K.K. Road Raipur, District - Raipur Chhattisgarh. --- Applicant.

                                              Versus

     • State Of Chhattisgarh, through the Police Station Mahila Thana,
       District Raipur Chhattisgarh.                    --- Respondent.
                                  CAUSE TITLE TAKEN FROM CIS PERIPHERY
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        For Applicant                   :        Mr. Raza Ali, Adv.

         For Respondents/State              :        Mr. G. P. Gurre, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 28.01.2022

This is the first application under Section 438 of the Code of

Criminal Procedure filed by the accused/applicant for grant of

anticipatory bail in connection with Crime No.84/2021 registered at

Police Station Mahila Thana, District Raipur for the offence punishable

under Section 498-A of IPC.

2. The prosecution case in nutshell is that after two months of

marriage the applicant has made demand of dowry and also

demanded to contribute the amount in purchasing the flat at Hydrabad

and tortured the complainant mentally and physically. On the basis of

the said information FIR was lodged against the present applicant.

3. Learned counsel for the applicant submits that the applicant is

innocent has been falsely implicated in the crime in question. He

submits that without any verification, the police has registered the

offence and the allegation of demand of dowry is made with intention

to get divorce from the applicant. He submits that the applicant willing

to reconcile the dispute. In support of this case, he placed reliance on

the judgment of Supreme Court in the matter of Vipin Jaiswal vs State of Andhra Pradesh reported in (2013) 3 SCC 684. He lastly

submits that, if the applicant may be set at liberty by granting

anticipatory bail, he would abide by all terms and conditions imposed

on him while granting bail.

4. Learned State counsel however, puts forth his vehement

opposition to the prayer for bail.

5. Considering the submission of learned counsel for the parties,

facts and circumstances of the case, particularly consiering the nature

of allegation made, without further commenting on the merits of the

case, this Court is of the opinion that it is a fit case for grant of

anticipatory bail to the applicant.

6. Accordingly, the application is allowed and it is directed that in

the event of arrest of the applicant, on furnishing a personal bond in

the sum of Rs.25,000/- with one surety to the satisfaction of the

concerned Court below, he shall be released on bail on the following

conditions:-

(a) he shall make himself available for interrogation by a police

officer as and when required,

(b) 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 fact to the Court or to any police

officer,

(c) he shall not act in any manner which will be prejudicial to fair

and expeditious trial,

(d) after filing of the charge-sheet, he shall appear before the trial

Court on each and every date given to him by the said Court till

disposal of the trial,

(e) he shall not leave India without the previous permission of the

Court,

(f) he shall not involve himself in any offence of similar nature in

future.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay