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High Court Of ChhattisgarhMCRC/740/2019allowed

Ganesh Vishwakarma v. State Of Chhattisgarh

2019-02-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 740 of 2019 • Ganesh Vishwakarma S/o Lalaram Aged About 30 Years R/o Village Ragghupara, Police Station Bodla Tahsil Bodla, District Kabirdham CG ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bodla District Kabirdham CG ---- Respondent For applicant Mr. DC Verma, Adv.

For non-applicant/State Mr. Vinod Tekam, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14-21. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 252/2018 registered in police station Bodla, Distt. Kabirdham (CG) for offence punishable under Section 294, 324, 506-B, 498-A, 34 of IPC.

3. Prosecution story in brief is that the applicant is husband of complainant Sapna Vishwakarma. Marriage of applicant was solemnized with the complainant on 29-4-2018. After the marriage, the applicant, co-accused Lalaram and Gangabai started harassing her on account of demand of dowry and for not bringing sufficient dowry. The applicant caused injury on her wrist by shaving blade.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He further submits that other two coaccused persons have been released by the Addl. Session Judge (FTC), Kabirdham. Hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Looking to the above facts and circumstances of the case, as trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak