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HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. (A). No. 98 of 2021
Mohammed Irshad S/o Mohammed Ijrail, Aged About 35 Years,
Permanent R/o -Sabri Road, Farid Nagar, Police Station -Supela Bhilai,
District -Durg (Chhattisgarh).
State of Chhattisgarh Through The Station House Officer, Police Station –
Mahila Thana, Bilaspur, District – Bilaspur, (Chhattisgarh).
For Applicant : Mr. Arvind Dubey, Advocate.
For Respondent-State : Ms. Anjali Singh Chauhan, PL.
For Objector : Ms. Reen Singh, Advocate.
(Proceedings through video conferencing)
Hon’ble Shri Parth Prateem Sahu, J
Order on Board
1. Applicant has filed this bail application under Section 438 of the Cr.P.C.
apprehending his arrest in connection with Crime No.40/2020 registered
at Police Station -Mahila Thana, Bilaspur, District – Bilaspur, (CG), for
commission of the offence punishable under Section 498 A/34 of the
Indian Penal Code.
2. Case of the prosecution, in brief, is that complainant -wife Saba Baksh
got married with the present applicant on 25.12.2011, after the marriage
applicant-husband went to his place of employment ie Sharjah, Dubai,
leaving his wife in the company of his parents at Durg. After some time ie
three months, applicant returned to India and took the complainant to
Sharjah, Dubai and started residing there. From the initial date of
marriage, applicant and his parents have started stating that the gift
articles of marriage were of low standard/quality and even the car and
Rs.15 lac cash has not been given as dowry. Applicant was being ill
treated since inception of the marriage for one reason or other. She was
also harassed on account of her inability to conceive a child. During the
stay of complainant at her matrimonial house in Durg, her-in-laws
removed the maid servant and they asked her to perform all the
household work. The family members of applicant have also taken her to
Doctor and have given Injections took some photographs and also stated
her that she will not be in a position to face the members of the
community. In the month of February 2020, when complainant wanted to
return to in-laws house after attending last rites ceremony of her
grandmother, she was not permitted to enter into the house, thereafter,
instant crime was registered against the applicant-husband and his
3. Shri Arvind Dubey, learned counsel for the applicant submits that
allegations levelled against the applicant and his parents are absolutely
false and baseless. It is the complainant who was not residing with the
applicant in peaceful manner. During the period of her stay with applicant
in Dubai, she has threatened the applicant of committing suicide or
implicating him in a false case. Learned counsel further submits that after
returning from Dubai, complainant came to her parental house situated in
Bilaspur and when applicant came to his house to take her back, she
refused to accompany him. Thereafter, applicant moved an application
for grant of divorce under the Muslim Law before the Family Court, Durg.
(Annexure A-2). After receipt of notice issued by the Family Court on the
application for grant of divorce complaint has been lodged against the
applicant. The allegations levelled against the present applicant in the
complaint are baseless and after thought.
4. Per contra, Ms. Anjali Singh Chauhan, the learned State Counsel
referring to the written complaint lodged by the complainant submits that
immediately after the marriage, parents of applicant have started stating
that the gift articles given in the marriage are of low standard/quality, if
the marriage of their son is performed in Uttar Pradesh, they would have
got Rs.15 lac cash and a Car in dowry. She also referred to some
paragraphs of complaint wherein it is mentioned that in order to harass
the complainant parents of applicant have removed the maid servant and
asked the complainant to perform all the household. She also referred to
the incident narrated that the complainant was taken to the Doctor by the
parents of applicants where Injections and Anesthesia was given to her,
due to which, she could not conceive pregnancy.
5. On putting a specific query to learned State Counsel with regard to the
date, month and year on which complainant was taken to the Doctor by
the parents of applicant for giving Injections and Anesthesia, upon going
through the copy of complaint, she replied that no specific date, month or
year has been mentioned therein.
6. Ms. Reena Singh, learned counsel for the Objector opposes the
submissions made by learned counsel for applicant and pointed out that
the affidavit submitted by applicant is a concocted documents, the
signature of applicant at two places of the deponent are different and not
the same. She further submits that from the beginning of marriage,
complainant has been harassed for one or other reason. The applicant
was having extra-marital relation with one Zahira Begum with whom he
wanted to perform marriage. She further submits that when complainant
came back from Dubai and went to her parental house to attend last rites
ceremony of her father in the Month of June, 2019 within a period of
three months from the said date applicant has filed an application for
grant of divorce before the Family Court, Durg which itself shows the
intention of applicant that he does not want to keep the complainant in his
company. Parents of applicant were not happy with the gift articles
brought by complainant at the time of marriage, therefore, they have
harassed her. They have also stated in front of her that if the marriage of
their son is performed in Uttar Pradesh, they could have got Rs.15 lac
cash and a Car in dowry. She further pointed out that complainant still
wants to live in company of her husband, therefore, she approached the
Sakhi Centre for counseling and notice have been issued to applicant but
he did not turn up for counseling, therefore, as a last resource, complaint
has been lodged by her.
7. At this stage, learned counsel for the applicant submits that it is the
applicant, who in pursuance of the order passed by this Court, came to
Bilaspur and sworn affidavit at Bilaspur, he has also signed the register of
the Oath Commissioner at Bilaspur itself.
8. Heard learned counsel for the parties.
9. Indisputably, marriage of complainant with present applicant took place
on 25.12.2011 and after some time of marriage, she started residing with
the applicant in Sharjah, Dubai ie place of his employment. In the Month of
June, 2019, complainant alongwith the present applicant returned to India
to attend last rites ceremony of her father. Filing of application for grant of
divorce petition before the Family Court, Durg on 03.09.2019 and lodging
of complaint by the complainant against the applicant on 04.12.2020 ie
after service of notice of divorce petition on complainant have not been
disputed by the learned counsel for the Objector. The allegation of bringing
the sub standard quality of gift articles in marriage and the statement
made by the parents of applicant of Rs.15 lac cash and a Car appears to
be of the year 2011.
10.Considering the entire facts and circumstances of the case, nature of
allegation and further the fact that applicant has been granted benefit of
an Ad-interim Bail vide order dated 18.06.2021, I am inclined to grant
anticipatory bail to the applicant.
11. Accordingly, application is allowed and it is directed that in the event of
arrest of the applicant in connection with the crime in question, he shall
be released on anticipatory bail by the officer arresting him on his
executing a personal bond in the sum of Rs.25,000/- with one surety in
the like sum to the satisfaction of the Arresting Officer. The applicant shall
also abide by the following conditions :
(i) that the applicant shall make himself available for interrogation
before the Investigating Officer as and when required;
(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 so as to dissuade him/her from disclosing such
facts to the Court or to any police officer;
(iii) that the applicant shall not act, in any manner, which will be
prejudicial to fair and expeditious trial; and
(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.
(Parth Prateem Sahu)