Jaleshwar Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.261 of 2016 Jaleshwar Rajput son of Dhan Singh Rajput, aged about 40 years, resident of Village-Karhi, Tahsil-Patharia, Chowki-Sargaon, Police Station-patharia, District Mungeli (CG) ---Applicant

Versus

State of Chhattisgarh, Through the Incharge, Police Chowki-Sargaon, Police Station-Patharia, District Mungeli (CG) ---Non-applicant For Applicant :

Mr. Gautam Khetrapal, Advocate For Non-applicant :

Mr. Vivek Shinghal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.246/2015, registered at Police Chowki-Sargaon, Police Station-Patharia, District-Mungeli (CG), for the offence punishable under Sections 342, 498A and 307/34 of the IPC.

2.

Case of the prosecution, in brief, is that on 2.10.2015 the applicant and co-accused persons subjected Smt.Laxmi Bai to cruelty in connection with demand of dowry and present applicant poured kerosene oil over her body and set her ablaze by which she suffered injury to the extent of .5% in her left foot.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been

implicated in crime in question. He would further submit that the applicant is in jail since 28.10.2015, charge-sheet has already been filed and matter is likely to be compromised and therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant; the fact that other co-accused have already been released on bail and offence is of Section 498A of the IPC particularly, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-