Nitin Ghore VsState Of Chhattisgarh

This 1st anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.62/2022 registered at Police Station Mahila Thana, Bilaspur, District Bilaspur (CG) for the offence punishable under Sections 498-A/34, 294 & 506 IPC.

Prosecution case in brief is that marriage of the Complainant and the present Applicant took place on 05.02.2022 and the FIR was lodged on 05.11.2022 alleging that the present Applicant and his parents were demanding a car and cash of Rs.5 lacs and also harrassed by beating and abusing her and the present Applicant has extended threat by insisting her to commit suicide by consuming poison and also ousted her from his house during night. It is alleged that later on, the Applicant, in the month of April, 2022, took the Complainant to his house wherein, she was subjected to harassment and on the basis of the written complaint, FIR was lodged against the present Applicant, his mother, father, brother, sister-in-law and his maternal aunt etc i.e. total against 8 members.

Shri Sinha, Senior Advocate for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question. He further submits that even after the marriage, when the Complainant was not adjusting with his family members, then he compromised and took a separate house on rent but even thereafter, she never co-operated and not used to do any household work and always used to threaten him to implicate him and his family members in a false case and also pressurized him and his family members to repay the loan of her mother to the tune of Rs.15 lacs and also created pressure upon the Applicant for partition prior to filing of the instant FIR. He further submits that the parents of the Complainant also abused the parents of the Applicant and a complaint was lodged at City Kotwali for the offence under Sections 294, 506, 334, 323 and 452 IPC and further submits that thereafter, a divorce Petition has been filed on 01.09.2022 and later on, the instant FIR has been registered. He lastly submits that considering the matrimonial conflict and  the  fact  that  the Applicant  is  also  willing  to  participate  in mediation proceedings, if any initiated, to settle the issue and he has also been granted interim protection and has never misused the same, the other co-accused has been granted anticipatory bail by the Court below, the present Applicant may also be granted anticipatory bail.

Per contra, learned Counsel for the State opposed the said prayer.

Considering the facts and circumstances of the case, the submissions made, particularly considering the nature of accusation and the matrimonial conflict, this Court is of the opinion that present is a fit case where the Applicant deserves to be granted anticipatory bail.

Accordingly, the application is allowed and it is directed that in the event of arrest of the Applicant, on executing a personal bond for a sum of Rs 50,000/- with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail 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.

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

(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) the Applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

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