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Chhattisgarh High Court · body

2013 DIGILAW 349 (CHH)

Nisha Shrivas v. State of C. G.

2013-12-03

T.P.SHARMA

body2013
ORDER T.P. Sharma, J. 1. The applicants have filed this first bail application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail as they are apprehending their arrest in Crime No. 225/13, registered at Police Station Newai, Durg for the offence punishable under Sections 498(A)/34 of the Indian Penal Code. I have heard learned counsel for the parties and perused the case diary. 2. Learned counsel for the applicants submits that this is first bail application filed on behalf of the applicants for grant of anticipatory bail. No other application of this nature is pending or decided by this Court or by the Apex Court. The application is supported by the affidavits of the applicants. 3. Learned counsel for the applicants further submits that the applicants have not committed any offence and they have been falsely implicated in crime in question. He further submits that applicant No. 1 is elder sister-in-law and applicant No. 2 is mother-in-law of the complainant respectively. 4. On the other hand, learned Panel Lawyer for the State opposes the bail application and submits that the applicants have committed the aforesaid offence and the prosecution has collected sufficient material against the applicants. 5. Considering the material collected on behalf of the prosecution, I am of the view that present is a fit case to grant anticipatory bail to the applicants. Accordingly, the application is allowed. 6. It is, therefore, directed that if the applicants surrender themselves before Police Station Newai, Distt. Durg within twenty days from today and in case of their arrest after giving notice in writing, if they furnish a personal bonds of Rs. 10,000/- each with a solvent surety in the like sum to the satisfaction of the Arresting Officer, they be released on bail. 7. The applicants shall make themselves available for interrogation by a police officer as and when required and shall not directly of 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. 7. The applicants shall make themselves available for interrogation by a police officer as and when required and shall not directly of 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. At the time of arrest or accepting bail bond, the Police Station concerned shall ensure the identity of the applicants and their sureties and the fact that whether any order relating to grant or refusal of bail to the applicants under Section 438 of the Cr.P.C. has been passed by the High Court or the Supreme Court and in case of any rejection or grant of bail under Section 438 of the Cr.P.C., the Police Station concerned shall immediately submit its report to the Registry of this Court along with necessary documents.