Anoop Kumar Banjara vs State Of Chhattisgarh

Heard.

This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.22/2022 registered at Police Station Mulmula, District Janjgir-Champa (CG) for the offence punishable under Sections 294, 506, 323, 498(A), 34 of the IPC.

The case of the prosecution is that the marriage of the applicant was solemnized with the complainant on 7.5.2019. After the marriage, the applicant and his relatives started harassing the complainant for demand of dowry particularly the demand was for four wheeler and for its fulfillment, they committed cruelty with her, abused, assaulted and threatened to kill her by using filthy languages, therefore, the FIR was registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the complainant always pressurised the applicant to live separately from his parents and due to such insistence of the complainant, the applicant along with the complainant started residing separately at Raigarh. The applicant and his family members have never demanded any dowry nor tortured the complainant. The applicant has filed an application under Section 9 of the Restitution of Conjugal Rights before the Family Court, Raigarh on 30.11.2021. He further submits that the co-accused has already been granted anticipatory by the Court below. Learned counsel for the applicant, on instructions, would submit that the applicant is ready to settle the matter amicably with the complainant by any mode either by counselling or mediation and he is also ready to furnish the bail bonds and comply with the terms and conditions of the bail order. He prays for releasing the applicant on anticipatory bail.

On the other hand, learned counsel for the State opposes the bail application.

Having heard the submissions of learned counsel for the parties and considering the nature of allegations levelled against the applicant, this Court is inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

Accordingly, the bail application filed under Section 438 of the Cr.P.C. 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.5,000/- with one surety in 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,

(d) after filing of the charge sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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