Kamlesh Chaturvedi vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this application under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No.92/2024, registered at Police Station–Bemetara, District– Bemetara, for alleged commission of ofence punishable under Sections 294, 506, and read with section 34 of the Indian Penal Code (In short, IPC) and Section 4 and 5 of the Chhattisgarh Tonhi Pratadna Nivaran Act.

As per the case of the prosecution, on 27.02.2024, complainant namely Thagiya Ratre has lodged an FIR alleging that on the date of incident at about 9:30 p.m. she was in her house alongwith her family members. At that time, the applicant and his wife Poornima Chaturvedi came out their house and started hurling abuses to the complainant and her daughter-in-law Damini Ratre and her neighbour Rajeshwari Pathari. According to the applicant, these three women had performed witchcraft because of which her daughter was getting sick. When this was objected to by the complainant and her daughter in law, the applicant who was holding an iron rod in his hand, started using ilthy language and threatened to kill them. Accordingly, on the complaint made by the complainant, the FIR as aforesaid was registered against the applicant and his wife.

Learned counsel for the applicant submits that the applicant is an innocent person and has not committed any ofence as alleged against him. He further submits that the applicant is educated person of the society and he is a reputed person of the society, he never done any such ofence against the complainant. He further submits that the applicant is ready to furnish adequate security and shall abide all the conditions and directions which may imposed by this Court.

On the other hand, learned State counsel appearing for the non-applicant would oppose the grant of anticipatory bail to the applicant.

I have heard learned counsel for the parties and perused the impugned order passed by the learned trial Court.

Taking into consideration the facts and circumstances of the case, that the allegation levelled against the applicant is grave in nature and that the applicant alongwith her wife had threatened the complainant and her daughter in law with dire consequences alleging that they are performing witchcraft on their daughter, which is not only a criminal act but also a social evil, I am not inclined to grant anticipatory bail to the present applicant.

Accordingly, the anticipatory bail application of the applicant – Kamlesh Chaturvedi, iled under Section 438 of Cr.P.C. involved in Crime No. 92/2024, registered at Police Station–Bemetara, District– Bemetara, for alleged commission of ofence punishable under Sections 294, 506, and read with section 34 of the Indian Penal Code (In short, IPC) and Section 4

and 5 of the Chhattisgarh Tonhi Pratadna Nivaran Act, is rejected.