Akendra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1011 of 2020 • Akendra Singh S/o Surjeet Singh Aged About 29 Years At Present R/o Behind Green Heights, Basantpur, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Collector / District Magistrate Durg, District Durg Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Ms. Swati Verma, Advocate.

For State :

Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/03/2020

1. Heard on application for grant of bail.

2. The applicant moved this application for grant of bail in connection with Crime No.10/2020 registered at Police Station- Mahila Thana Sector-6, District-Durg, C.G. for the offence under Section 498-A/34 of Indian Penal Code.

3. Prosecution case is that the applicant subjected his wife to cruelty and thereby committed offence under Section 498-A/34 of IPC.

4. Learned counsel for the applicant submits that the allegations against the applicant made by wife are mainly arising out of matrimonial dispute and false case has been reported. It is further submitted that no specific injury has been reported. Next submission is that investigation is complete and charge sheet has been filed, therefore, at this stage, the applicant may be granted bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that in view of the statement made by the wife contained in the FIR and her statement under Section 161 CRPC, prima facie, case is made out.

6. Having considered the submission made by learned counsel for the parties,

particularly taking into consideration the material on record and that there is no specific injury reported in the medical report and further that investigation is complete, charge sheet has been filed and maximum sentence which could be awarded for alleged commission of offence, I am inclined to grant bail to the applicant.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the Trial Court on the condition thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Ravi