Simran Pal Singh Sabharwal vs State 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.63/2021 registered at Police Station – Mahila Thana, Raipur (CG) for the offence punishable under Section 498-A/34 IPC.

Prosecution case in brief is that complainant Smt Ginni Chabra Sabharwal lodged a report stating that her marriage was solemnized with the present Applicant on 31.01.2020 at Hyderabad according to their family customs. At the time of marriage, the complainant was working at Bangalore and the present Applicant was working at Canada and he was also a citizen of Canada. The present Applicant assured that he will take the complainant along with him to Canada but on 27.02.2020, he went to Canada and thereafter not returned and even did not make any effort to take her along with him. She has alleged that the Applicant and his relatives were harassing her by demanding Rs.25 lacs and also not returned her sridhan. She further alleged that she was compelled to give her salary to her mother-in-law. Based on these allegations, FIR was lodged at Mahila Thana, Raipur vide Crime No.63/2021.

Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question. He further submits that due to Covid conditions, it is not possible for the Applicant to come back to India and during this period, on account of a conversation that took place, a dispute arose out of it and therefore, the complainant deliberately roped the Applicant and his entire family in the present case, the parents of the Applicant are residents of Hyderabad and he is willing to settle the dispute amicably and would abide by all the conditions to be imposed on him, therefore, he may be granted anticipatory bail.

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

Considering the facts and circumstances of the case, looking to the nature of allegations and the submissions made, further considering the fact that there was no communication between the families, the FIR was lodged on 03.09.2021 and no explanation was offered and also considering the guidelines issued in the matter of Arnesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273, I am inclined to grant anticipatory bail to the present 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.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,

(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.