Abhisek Tiwari vs State Of Chhattisgarh

This frst anticipatory bail application under Section 438 of the Code of Criminal Procedure has been fled by the accused/applicant who is apprehending his arrest in connection with Crime No. 120/2022 registered at Police Station Mahila Police Station Raipur, CG for the ofence punishable under Section 498-A/34 of IPC.

Case of the prosecution in brief is that the marriage of complainant was solemnized with the applicant on 18.06.2021 at Bhopal and just after 10 days of marriage the accused person started ill-treating in connection with demand of dowry and demanded Rs. 3 lakhs from her as a dowry. It is alleged that the applicant again demanded of Rs. 10,000/- as a dowry and threatened her of being burn in their demand of dowry is not fulflled.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that a written complaint was lodged by the complainant on 06.04.2022 at Mahila Thana, Raipur against the present applicant and his family members stating therein that the marriage between the applicant and her husband was solemnized on 18.06.2021, during the course of lockdown. The complainant/wife left her matrimonial house on account of some family dispute. It is further stated that in the month of April, 2022 she came to the house of the present applicant and without any information she left over again thereafter the applicant fled an application under Section 9 of the Hindu Marriage Act. He submits that there is no any serious allegations against the present applicant. He further submits that the co-accused persons has already been granted bail by the co-ordinate bench vide order dated 18.08.2022 passed in MCRCA No. 994 of 2022. The applicant is ready to abide by all the terms and conditions which may be imposed by this Court and therefore, application may be allowed.

Learned State counsel opposes the application for anticipatory bail and submits that looking to the seriousness of the allegations for demand of dowry made against the present applicant, he is not entitled for anticipatory bail.

Considering the facts and circumstances of the case that the nature of allegations and the co-accused has already been granted bail by the co-ordinate Bench vide order dated 18.08.2022 passed in MCRCA No. 994 of 2022, without commenting anything on the merits, this Court fnds it to be a ft case for grant of anticipatory bail to him. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the arresting officer, on the following conditions:-

(a) he shall make himself available for interrogation by the concerned police officer as and when so required.

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

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

(d) he shall not involve himself in any offence of similar nature in future.

(v) he shall appear before the concerned Police Officer/Investigating Officer on 09.12.2022 and cooperate the investigation.

It is made clear that if any of the aforesaid conditions is violated by the appellant, the State would be free to move for cancellation of bail.