Allowed

Amrik Singh Kalda v. State of Chhattisgarh

Chhattisgarh HC17 Nov 2022MCRCA/1231/2022

Case brief

AI extract

What is this about?

The High Court in the second bail application granted anticipatory bail to the appellant in a double separation offense case involving matrimonial disputes and alleged dowry harassment, directing him to furnish a personal bond and a local surety along with specific conditions before arrest.

What did the court decide?

The application for anticipatory bail is allowed; upon arrest, the applicant shall be released on furnishing a personal bond of Rs. 50,000 and a local surety for the same with specific conditions.

Amrik Singh Kalda Vs State of Chhattisgarh — Domestic Violence | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 1231 of 2022

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Amrik Singh Kalda S/o Arjun Singh Aged About 65 Years R/o 2-A, Cycle Society, Ground Floor, Rasta Peeth Pune (M.H.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Mahila Thana Raipur, Chhattisgarh.

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---Non-applicant

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For Applicant : Mr Vivek Sharma and Mr. Ashutosh Mishra, Advocate For Non-Applicant/State : Ms. Deepti Shukla, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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17/11/2022

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This is the second bail application filed before this Hon’ble Court. The first bail application under section 438 of Cr.PC has been dismissed as withdrawn in MCRCA No. 996 of 2022, vide order dated 28.07.2022.

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The applicant has been arrested in connection with Crime No. 118/2022 registered at Police Station – Mahila Thana, Raipur, District – Raipur (C.G) for alleged commission of offences under Section 186, 294, 307, 353, 34 I.P.C.

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The facts, in nutshell, are that on a complaint of Rashi Saluja, wife of the applicant, an FIR for the offence punishable under Sections 498-A, 34 IPC has been registered against the applicant and his parents. It has been alleged in the complaint that after

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solemnization of marriage on 01.12.2021, complainant along with her husband and in-laws went to Pune and after sometime of marriage, her in-laws and the applicant started harassing the complainant on account of dowry.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He is in jail since 28.07.2022 and he further submits that the co-accused has already been granted bail by the co-ordinate bench of this Court in MCRCA No. 1038 of 2022 on 16.08.2022, the applicant may be granted anticipatory bail.

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Learned counsel for the State opposes the application for anticipatory bail.

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After hearing counsel for the parties and considering the facts and circumstances of the case, further considering the nature of allegation against the applicant, looking to the fact that the co-accused has already been granted bail by the co-ordinate bench of this Court in MCRCA No. 1038 of 2022 on 16.08.2022, without commenting anything on merit of the case, this Court is of the considered opinion that it is a ft case to grant anticipatory bail to the applicant.

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Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/investigating offcer or the court concerned, as the case may be, with the following terms and conditions:

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(i) that the applicant shall make himself available for

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interrogation/medical examination before the concerned investigating officer as and when required;

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(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him/her from disclosing such facts to the Court or to any police officer;

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(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and

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

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Certified copy as per rules.

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Sd/-

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( Sachin Singh Rajput ) Judge

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vaishali

Amrik Singh Kalda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Amrik Singh Kalda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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