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High Court Of ChhattisgarhMCRC/522/2019disposed off

Lalit Jham v. State Of Chhattisgarh

2019-01-18Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 522 of 2019 • Lalit Jham S/o Late Kundan Lal Jham Aged About 50 Years R/o Mahesh Nagar, Qtr. No. A-132, Ambala, Police Station- Mahesh Nagar, District- Ambala, Hariyana., District : Ambala, Haryana ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station- City Kotwali, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Shri Vivek Sharma, Advocate.

For Non-applicant : Ms. Sangeeta Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 18.01.2019

1. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court for temporary release of applicant on bail. No other bail application is pending before any other Court.

2. The applicant has been arrested in connection with the Crime No. 341/2017 registered at Police Station City Kotwali, District- Raipur (C.G.) for the offence punishable under Sections 420, 409/34 of IPC.

3. Learned counsel for the applicant submitted that the marriage of the son of the applicant namely Samir is scheduled for 21.01.2019 to 22.01.2019, thus, he may be released on bail for 15 days.

4. Learned counsel for the State submitted that she has verified the fact of the marriage.

5. Earlier, the regular bail application of the applicant has been rejected by this Court on 31.08.2018 in MCRC No. 6093 of 2018 considering the merits of the case. The marriage of the son of the applicant is scheduled to be held on 21.01.2019 and 22.01.2019.

6. Looking to the urgency, looking to the fact that the applicant has to perform some rights and rituals, without considering the merits of the case, this Court adopts humanitarian approach, thus, it is ordered that if the applicant furnishes one solvent surety for a sum of Rs.15,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court, he shall be released on temporary bail for his surrender before the trial Court at 10:30 am of 25.01.2019.

7. The applicant is directed to positively surrender himself before the trial Court at 10:31 am on 25.01.2019, the Court shall thereafter send the applicant to the concerned jail. 8.

In case, the applicant fails to do so, the Court shall proceed according to law and procedure against the applicant and his surety.

9. This bail petition stands disposed off accordingly. 10.Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore