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2006 DIGILAW 405 (CHH)

AMARNATH DEWANGAN v. STATE OF C. G.

2006-08-18

D.R.DESHMUKH

body2006
ORDER Heard. This application under Section 438 of Cr.P.C. pertains to crime no. 421/2005 of P.S. Shivrinarayan, District-Janjgir-Champa for the offences under Section-498-A & 326 of IPC. Brief facts are that one Smt. Sunita Bai was married to Firat Ram Dewangan in May-2005. She was being harassed by Firat Ram and her mother-in-law for not bringing sufficient dowary. It is alleged that Firat Ram and his mother took Sunita Bai to the applicant who administered some drug to her which resulted in loss of vision in both eyes. Shri Ashok Verma, learned counsel for the applicant contended that Firat Ram & Darasmati i.e. husband and mother-in-law of Sunita Bai have been granted regular bail. It was also contended that the material collected during investigation did not disclose the commission of offence under Section-498-A & 326 of IPC by the present applicant and there was no material on record to establish any nexus between the drug alleged to have been administered by the applicant and loss of vision of Sunita. It was submitted that the applicant is a teacher in Govt. School and is innocent. On these grounds it was prayed that the applicant is entitled to be released on bail under Section 438 Cr.P.C. On the other hand, Shri Sandeep Dubey learned Govt. Advocate opposed the prayer though admitting that during investigation no such medical opinion was available to attribute loss of vision of Sunita Bai to the drug alleged to have been administered by the applicant. Having considered rival Submission, the applicant is, in my considered opinion, entitled to be released on bail. The application under Section 438 Cr.P.C. is allowed. The applicant is directed to directed to surrender before Police station Shivrinarayan, District-Janjgir-Champa on 25.08.2006 at 11.00 a.m. It is further directed that in the event of the applicant being arrested by Police Station-Shivrinarayan, District-Janjgir-Champa in crime no. 421/2005 for the offences under Sections 498-A & 326 of IPC upon surrender as directed above, the applicant shall be released on bail on his furnishing a personal bond for Rs. 421/2005 for the offences under Sections 498-A & 326 of IPC upon surrender as directed above, the applicant shall be released on bail on his furnishing a personal bond for Rs. 15,000/- along with solvent surety in the like amount to the satisfaction of the concerned Police Officer causing his arrest on following conditions- (i) that the applicant shall, during investigation make himself available for interrogation as and when required, (ii) that the applicant 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 such person from disclosing such facts to the Court or to any police officer, (iii) that the applicant shall not leave the State of Chhattisgarh without the previous permission of the Court. If the applicant does not surrender on the date and time as directed, this order shall thereafter become inoperative. It is also directed that a single breach of any of the aforesaid conditions would entail the consequence of cancellation of bail. This order shall remain operative for a period of two months from today during which period the applicant shall be at liberty to move an application before the trial Court for regular bail. Application Allowed.