Dashrat Dhruv v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 6943 OF 2017 Dashrat Dhruv S/o Ramji Dhruv, aged about 40 years, R/o Chunabhatthi, Raman Mandir Ward, Raipur, Distt. Raipur (CG). ... Applicant

Versus

State of Chhattisgarh, through Police Station Ganj Raipur, Distt. Raipur (CG).

... Respondent For Applicant :

Shri Dashrath Kushwaha, Advocate.

For Respondent-State :

Shri Gary Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/11/2017 1.

This is repeat bail application seeking for grant of bail to the Applicant who is in jail since 14.02.2017 in connection with Crime No. 75 of 2017 registered at Police Station Ganj, Raipur, for the offence punishable under Section 420 IPC. The earlier bail application was dismissed as withdrawn on 12.06.2017. 2.

Learned Counsel for the applicant submits that bending the dispute before the trial court, the complainant has been examined and she has not supported the case of the prosecution and have turned hostile, and therefore the applicant may be enlarged on bail. 3.

After perusal of deposition of complaint, learned counsel for the State does not dispute the fact that the complainant has turned hostile.

4.

Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking note of the fact that the complainant has turned hostile and have not supported the case

-2of prosecution and also the fact that the applicant is in detention since 14.02.2017, this Court is of the opinion that the present is a fit case where the applicant can be enlarged on bail. 5.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) Judge inder