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2013 DIGILAW 187 (CHH)

H. LAXMI v. STATE OF C. G.

2013-06-28

G.Minhajuddin

body2013
ORAL ORDER 1. This application has been filed, under Section 438 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), for grant of anticipatory bail to applicant-accused who is apprehending her arrest in connection with Crime No.362/2013 registered at Police Station - Supela, Dist. Durg, in respect of offence punishable under Section 498-A read with Section 34 of the Indian Penal Code (for short, "I.P.C."). 2. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. The counsel has furtherer submitted that applicant - Smt. H. Laxmi, who is sister-in-law of complainant/first informant- Smt. Pushplata, is residing separately at Rajnandgaon. The counsel has also submitted that the applicant is working as Principal at Indu IT School, Bhilai since last two years. 3. On the other hand, learned counsel for the State has opposed the application for grant of anticipatory bail to applicant-accused. 4. Case Diary of Crime No.362/2013 of Police Station - Supela, Dist. Durg in respect of offence punishable under Section 498-A read with Section 34 of LP.C., perused. 5. According to the prosecution, immediately after the marriage, co-accused/husband-Amrit Lingam and the present applicant-accused who is sister-in-law of complainant - Smt. Pushplata were treating the complainant with cruelty in connection with demand of dowry. 6. It is not in dispute that marriage between complainant (Smt. Pushplata) and co-accused (Amrit Lingam) was solemnized on 27.1.2003 and two female child were born from their wedlock. 7. From the perusal of Case Diary, it is found that complainant/first informant was driven out of her matrimonial home on 3.5.2013. F.I.R. was lodged by complainant/first informant on 24.5.2013. No medical report has been annexed in the Case Diary. 8. The present applicant-accused is sister-in-law of complainant/first informant, who resides with her husband at Rajnandgaon, whereas complainant/first informant resides at Bhilai, Dist. Durg. 9. Offence registered against the applicant-accused is neither punishable with death nor with imprisonment for life, but is triable by Judicial Magistrate First Class. 10. The present applicant-accused is not required by the Investigating Agency in connection with any interrogation or for any seizure to be made. Applicant-accused is a lady aged about 47 years. Durg. 9. Offence registered against the applicant-accused is neither punishable with death nor with imprisonment for life, but is triable by Judicial Magistrate First Class. 10. The present applicant-accused is not required by the Investigating Agency in connection with any interrogation or for any seizure to be made. Applicant-accused is a lady aged about 47 years. In such a state of affairs, no useful purpose would be served in ordering the applicant-accused to first surrender before the trial Court, remain in custody for some time and then to move an application for grant of regular bail. 11. In view of the above facts and the law laid down by Hon'ble Supreme Court in the cases of Gurbux Singh Vs. State of Punjab, AIR 1980 SC 1632 and Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others, 2011 Cri.L.J. 3905, in my considered view, there is a prima facie case in favour of applicant-accused so far as grant of anticipatory bail is concerned. 12. Accordingly and in view of the above, the application filed under Section 438 of Cr.P.C. for grant of anticipatory bail, is allowed. It is directed that in the event of arrest of applicant-accused (Smt. H. Laxmi W/o H. Rayappa) in connection with Crime No.362/2013 of Police Station - Supela, Dist. Durg, for offence punishable under Section 498-A read with Section 34 of I.P.C., if she furnishes a personal bond for a sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of arresting/investigating officer or the Court concerned, as the case may be then she shall be released on bail on the following further conditions:- (i) that the applicant shall make herself available for interrogation before the concerned arresting/investigating officer 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 him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. Application Allowed.