Allowed

Ashish Kumar Shaw and Ors. v. State of Chhattisgarh

Chhattisgarh HC17 Jun 2020MCRCA/198/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an anticipatory bail application filed by spouses apprehending arrest under Section 498A IPC. The court noted the existence of a divorce petition filed prior to the crime and the advanced age of two applicants as factors influencing its decision.

What did the court decide?

Anticipatory bail granted on execution of personal bond for Rs.50,000/- with one surety subject to conditions.

Ashish Kumar Shaw and Ors. Vs State of Chhattisgarh — Domestic Violence | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No.198 of 2020

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Ashish Kumar Shaw, S/o Dr. Shashank Shekhar Shaw, Aged About 31 Years

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Dr. Shahsank Shekher Shaw, S/o Panchanand, Aged About 62 Years

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Smt. Priti Bala, W/o Shashank Shekhar Shaw, Aged About 57 Years All R/o C-11, Green Valley Colony, Vishal Nagar, Raipur, District Raipur, Chhattisgarh

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---- Applicants

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Versus

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State Of Chhattisgarh, Through Mahila Thana, District Ambikapur Chhattisgarh

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---- Respondent

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For Applicants Shri Ashish Gupta, Advocate For Respondent Shri Adil Minhaj, Dy. GA

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Proceeding through Video Conferencing

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Hon'ble Justice Mr. Prashant Kumar Mishra

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Order On Board

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17/06/2020

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The applicants have preferred this bail application under Section 438 of CrPC, as they are apprehending their arrest in connection with Crime No.01/2020, registered at Police Station Mahila Thana, Ambikapur, District Sarguja (C.G.), for the offence punishable under Section 498A read with Section 34 of IPC.

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The applicant No.1 was married with the complainant Smt. Preeti Shaw on 06.05.2017. There appears matrimonial dispute between the parties, in which both the parties would make allegation against

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each other. According to the complainant, after the medicine shop business of her husband was closed, the accused persons started demanding Rs.5 Lakhs and ill treated her. She was also made to abort fetus.

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According to the applicants, the present FIR is counter-blast to the divorce petition filed on 06.11.2019, of which notices were served on the complainant immediately before 06.01.2020 when the FIR has been lodged.

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Learned State counsel would oppose the prayer for grant of bail.

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Considering that the divorce petition was filed prior in point of time and the offence is trialable by the JMFC as also for the reason that the applicant Nos.2 & 3 are old persons, this Court is inclined to grant benefit of anticipatory bail to the applicants.

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Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them 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 with the following conditions:-

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(i) they shall make themselves available for interrogation by a police officer as and when required.

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(ii) they 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 facts to the Court or to any police officer.

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Sd/Prashant Kumar Mishra Judge

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Nirala

Ashish Kumar Shaw and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashish Kumar Shaw and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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