Ashutosh Pandey vs State Of Chhattisgarh

This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant who is apprehending his arrest in connection with Crime No. 61/2022 registered at Police Station Mahila Thana Bilaspur, CG for the offence punishable under Sections 498-A, 34 of IPC.

Case of the prosecution in brief is that the applicant and his parents harassed the complainant/wife on account of demand of dowry and thereby committed an offence under Sections 498-A, 34 of IPC.

Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He submits that the marriage between the applicant and the complainant/wife was solemnized on 15.06.2014. Since the very beginning the complainant/ wife was pressurizing the present applicant to live separately from his parents therefore, he started living separately in the year 2015. During the Raksha Bandhan festival, the complainant/wife left her matrimonial home and went to her marital home thereafter she did not come back, despite of repeated efforts made by the present applicant. Ultimately in the year 2018 the applicant filed a case for divorce before the concerned Family Court and since the complainant/wife did not appear during the course of conciliation proceedings, on many occasions, the learned Family Court issued non-bailable warrant against her and directed her to be produced before the Family Court. As a result of which, she lodged a false report on 05.11.2022. He further submits that parents of the applicant have already been granted benefit of anticipatory bail under Section 438 of CrPC by the learned Sessions Court itself and the allegations against the present applicant appear to be similar in nature, therefore, the application may be allowed.

On the other hand, learned State counsel opposes the bail application and submits that investigation is going on and the complainant/wife has made allegation against the present applicant and his parents.

After hearing counsel for the rival parties and looking to the facts and circumstances of the case and the nature of allegation and looking to the fact that the marriage took place in the year 15.06.2014 and the report was lodged on 05.11.2022 and all other facts and circumstances at this stage, this Court finds it to be a fit 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.25,000/- with one surety for the like sum to the satisfaction of the arresting officer, on the following conditions:-

(a) 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,

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

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

(d) he shall appear before the concerned Police Officer/Investigating Officer on 13.03.2023.

The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being influenced by any observation made hereinabove. It is made clear that if any of the aforesaid conditions is violated by the applicant, the State would be free to move for cancellation of bail.