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2014 DIGILAW 387 (CHH)

Santosh Gupta v. State of C. G.

2014-11-12

SANJAY K.AGRAWAL

body2014
ORDER Sanjay K. Agrawal, J. 1. Apprehending arrest in connection with Crime No. 221/2014, registered at Police Station Jamul District Durg (C.G.), for the offence punishable under Section 498-A/34 of Indian Penal Code, the applicant has filed this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The case of the prosecution in brief, is that, the marriage of the complainant Bharkha Gupta was solemnized with the present applicant on 13/02/2013 according to the Hindu rites and custom. It is further case of the prosecution that immediately after the marriage, the applicant and the other co-accused started harassing her and treated her with cruelty in connection with demand of dowry. 2. Learned counsel for the applicant would submit that he has been falsely implicated in the present case as relatives of the Bharkha Gupta had taken the complainant- Bharkha Gupta from the applicant's custody and detained unlawfully. He would further submit that he made a complaint on 13/06/2014 to the 'Manila Police Station, Durg and thereafter, he made application before the Judicial Magistrate, Durg in which Bharkha Gupta clearly stated that she is living with his parent voluntarily thereafter as a counter blast First Information Report has been made on 18/07/2014 by the complainant-Bharkha Gupta and as such he is entitled for anticipatory bail. 3. On the other hand, learned State Counsel would oppose the prayer for grant of anticipatory bail. 4. I have heard the learned counsel for the parties and perused the case diary. 5. Taking into consideration the facts and circumstances of the case and particularly the fact that the applicant has already made application to the Mahila Police Station, Durg on 13/06/2014 and statement made by Bharkha Gupta before the Judicial Magistrate, Durg, this Court is inclined to extend the benefit of anticipatory bail in favour of the applicant. 6. Accordingly, this application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the Officer arresting him on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating/Arresting Officer. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating/Arresting Officer. The applicant shall also abide by the following conditions: "(i) that he shall make himself available for interrogation before the concerned Arresting/Investigating Officer as and when required; (ii) that 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/her from disclosing such facts to the Court or to any police officer; (iii) that he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that he shall also appear before the trial Court on each and every date given to him by the said Court till disposal of the trial." Certified copy as per Rules. Application allowed