Somprakash Dadsena vs State Of Chhattisgarh

Heard.

This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.779/2022 registered at Police Station Kasdol, District Balodabazar (CG) for the offence under Sections 294, 323, 327, 506, 498-A of the IPC.

Prosecution case, in brief, is that the marriage of the complainant was solemnized with the applicant in the year 2004. Out of their wedlock, two children were born, one daughter aged about 16 years and one son aged about 15 years. The complainant lodged an FIR on 22.9.2022 alleging that after 6 months of the marriage, the applicant, her father-in-law and mother-in-law used to harass her for bringing less dowry and also used to beat her by hands and fists. Earlier also, the complainant made a complaint, in which, an amicable settlement was arrived at between the parties. It is further alleged that the present applicant is in the habit of consuming liquor and he always used to harass the complainant demanding money for having alcohol. On 18.9.2022, the applicant made a demand of Rs.15,000/- from the complainant and when she declined to give such money, the applicant, the father-in-law and the mother-in-law beat her with belt, club and iron rod. The said incident was videographed by the son as also by the daughter. Hence, the aforesaid offence was registered.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. The applicant has neither assaulted the complainant nor subjected her to cruelty on account of dowry. The applicant is a handicapped person. The complainant has lodged the FIR due to a domestic dispute. He further submits that the other-coaccused has been granted anticipatory bail by the trial Court. Hence, learned counsel prays for extending the benefit of Section 438 of Cr.PC to the applicant.

On the other hand, learned counsel for the State as also learned counsel for the Objector oppose the bail application. They draw attention of the Court towards the MLC report of the complainant. As per the said report, the complainant sustained six injuries in her body. Learned counsel for the Objector places before this Court certain photographs of the incident and submits that the considering the nature of the incident, the applicant may not be enlarged on anticipatory bail.

Having considered the submissions of learned counsel for the parties as also considering the nature of accusation and further considering the nature of injuries caused by the husband (applicant) to the wife, I am of the opinion that the present is not a fit case to extend the benefit of Section 438 of Cr.P.C. to the applicant.

Accordingly, the bail application is dismissed.