Sudarshan Dansena vs State Of Chhattisgarh
2022 Latest Caselaw 1340 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                            MCRCA No. 367 of 2022
1. Sudarshan Dansena S/o Late Dujram Dansena Aged About 60 Years R/o Village
   Nimohi Police Station Dabhra, District Janjgir Champa Chhattisgarh.
2. Smt. Chandraparabha Dansena W/o Sudarshan Dansena Aged About 58 Years R/o
   Village Nimohi Police Station Dabhra, District Janjgir Champa Chhattisgarh.
                                                                            --- Applicants.
                                     Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Dabhra,
  District Janjgir Champa Chhattisgarh.                          --- Respondent.

15.03.2022 Mr. K. K. Pandey, Counsel for the applicants.

Mr. Smriti Shrivastava, PL for the respondent/State. Learned State counsel accepts notice on behalf of the respondent.

Heard on admission.

Admit.

Also Heard on IA No.2 & IA No.3- Application for grant of interim bail to the applicants.

1. The main petition is filed under Section 438 Cr.P.C. in connection with Crime No.42/2022 registered at Police Station Dabhra, District Janjgir-Champa for the offence punishable under Sections 498(A) & 34 IPC, in which, the applicants have filed these applications for grant of interim bail to the applicants.

2. As per the prosecution story, the complainant marriage was solemnized with the son of the present applicants on 28.04.2016 and out of their wedlock two daughters were born. Prosecutrix alleged that after sometime of the marriage the applicants constantly harassed her on demand of dowry and also threatened the prosecutrix for doing second marriage of her husband.

3. Counsel for the applicants submits that it is revealed that prosecutrix has love affair with some other persons due to which the dispute occurred and therefore, the present applicants may be granted interim bail during the pendency of this petition.

4. State counsel however, opposes the prayer for interim bail.

5. Having considered the submission of the parties, facts and circumstances of the case and relaying on the judgment of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, without further commenting anything on merits, this Court is of the opinion that the accused/applicants can be released on anticipatory bail, till final disposal of the main application.

6. Accordingly, IA No.2 & IA No.3 for grant of interim bail is allowed and it is directed that in the event of arrest of the applicants, on their furnishing a personal bond in the sum of Rs.10,000/- with one surety each for the like sum to the satisfaction of the arresting Officer, they shall be released on the following conditions:-

(a) They shall make themselves available for interrogation by a police officer as and when required,

(b) They 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 them from disclosing such fact to the Court or to any police officer,

(c) they shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) after filing of the charge-sheet, they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,

(e) they shall not involve themselves in any offence of similar nature in future.

Call for the case diary.

List this case for final hearing in due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay