HIGH COURT OF CHIIATTISGARH AT BILASP'UR Cr. M.P. Case No. 351 OF 2009 APELICANT Shilpi Gupta, W/o Ritesh Gupta, aged' ' about 32 years R/o House No C-19 Sector-2 Devendra Nagar, Ratpur (C G), At prescnt ms1d1ng at C/o Dau Knshna Kumar Gupta Math Mandlr Chowk, Dhamtari, District Dhamtari (C.G.). NON-HPLICANTS VERSUS 1. Ritcsh Kumar Gupta, aged about 38 years, son of Badrivishal Gupta, R/o C— 19, Sector-2 Devcndar nagar, Raipur (C.G.). Badrivishal Gupta, aged about 7O years, son of late Jagmohan L31 Gupta, 3. Rajesh Gupta aged about 29 yeals son of Badnwshal Gupta Ram @ Anuladha Gupta aged about 34 years Daughter of Badnwshal Gupta Respondent NO. 2, 3 and 4 are R[o Guptapara, Arang, Police Station and Tahsil Arang, District Raipur (C.G.). ‘ Rajesh Knmar Gupta, aged about 49 years, son of late Lalit Mohan Gupta, Smt. Archana Gupta, aged about 41 yeaxs, wife of Rajesh .Kumar Gupta, Respondent No. 5 8r. 6 ale R/o Near Maharana Pratap Gaiden, Shyamnagar, Police Station Telibandha, District Raipur (C G) V State of Chhatusgarh Through the Police Statlon Devendra Nagar Raipur (C.G.). APPLICATION UNDER SECTION 439(2) OF THE CODE OF CRIMINAL PROCEDURE 1973. (SB :Hon’ble Mr. T.P.sharma, J.) Present:- Shri P.P. Sahu, Advocate with Shri S.P. Sahu, Advocate for the Applicant. Shri Akhil Mishra, Dy. G.A. for the State/respondent NO. 7. ORAL- ORDER . (Passed on 13/7/2009) 1. This petiiion is under Section 439 (2) for cancellation anticipatory bail granted by Sessions Judge, Raipur in bail application No. 1021/2009 Vide order dated 30/6/2009, crime NO. 78/09 registemd at Police Station Devendra Nagax, Raipur for the oEencc punishable under section 498-A of the Indian Penal Code. 2. Learned counsel for the applicant submits that mamage between non- anplicant NO. 1 and applicant took place before the year 2000 and , dispute between parties wexe settled in the year 2000 aftemards again respondents committed cruelty upon the applicant in June ~2009 where they reported the matter but court below has granted the bail interims of Section 438 of the Code of Criminal Procedure, 1973 to’the respondents and thereby committed an illegality. 3. Shri P.P. Sahu, Advocate with Shri S.P. Sahu, Advocate for the Applicant and Shri Akhil Mishra, Dy. G.A. for the State/respondent No.7 are heard. Order impugned and copy of written report nled on behalf of'th . e applicant reveals that petitioner/applicant was residing with non- applicant No. 1 as a Wife for last 10 years and alleged dispute arose on 12/6/09 and report for the odence punishable under Section 498 A relating to torture and cruelty has been lodged after taking into consideration the entire facts and circumstances learned Sessions Judge has granted bail in terms of Section 438 of the Code of Criminal ‘ Procedure, 1973. On due consideration, I do not iind any illegality or, infirmity in the order impugned warranting interference or cancellation)“ of the order impugned. Consequently, this petition is liable to be dismissed and it is hereby dismissed at the stage of admission. l Sdl- Ty. SHARMA Judge ‘