Vikash Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.784 of 2018 Vikash Sharma, son of Shri Shivnarayan Sharma, aged about 33 years, resident of Village Mopka, Ram Krishna Nagar, Phase-3 (Kuti), Police Station Sarkanda, Tahsil and District Bilaspur, Chhattisgarh, present address Geen Velli A-2/15, Bhilai, P.S. Junwani, District Durg, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Station House Officer, Police Station Sarkanda, District Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Ms. Seema Singh, Advocate For Respondent/State :

Shri R.K. Jaiswal, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 3.4.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.466 of 2017 registered at Police Station Sarkanda, District Bilaspur for offence punishable under Section 498A of the Indian Penal Code and Section 12 of the Protection of Women from Domestic Violence Act.

2.

Case of the prosecution, in brief, is that marriage of Complainant Mamta Sharma was solemnised with the Applicant on 29.4.2016. It is alleged that after few days of the marriage, harassment and torture of the Complainant was started by the Applicant for demand of dowry. He was making demand of a car. On the report

lodged by the Complainant, a crime has been registered and the Applicant has been arrested on 17.12.2017.

3.

Learned Counsel appearing for the Applicant submits that the Applicant has been falsely implicated in the case. He is innocent. Father of the Applicant is handicapped. Mother of the Applicant is also suffering from illness. Both of them have already been released on bail by this Court in M.Cr.C. No.561 of 2017 vide order dated 24.8.2017. The Applicant is in custody since 17.12.2017. Trial will take a long time. Therefore, he may be released on bail.

4.

Learned Counsel appearing for the State opposes the bail application.

5.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

6.

Taking into consideration the facts and circumstances of the case, particularly, the facts that the parents of the Applicant have already been released on bail by this Court, the Applicant is in jail since 17.12.2017 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to enlarge the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety of the like sum to the satisfaction of the concerned

Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) JUDGE Gopal