Shubham Dwivedi v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2142 of 2021 • Shubham Dwivedi S/o Surendra Kumar Dwivedi Aged About 30 Years R/o Near Harishankar School Shankar Nagar, Raipur, District Raipur Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, Mahila Police Station Raipur, District Raipur Chhattisgarh ---- Non-applicant For Applicant : Mrs. Smita Jha, Advocate.

For Non-applicant/State : Mr. Ghanshyam Patel, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-05-2021Sd\

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicant has been arrested on 18.02.2021, in connection with Crime No.12/2021 registered at Police Station-- Mahila, Police Station- Raipur, C.G. for offence punishable under Sections 498A, 406/34 of I.P.C.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. No case is made out against this applicant. All the allegations made by the complainant are totally false. The co-accused persons in this case has been granted bail by the trial Court itself. The applicant is also similarly placed, hence, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that there is clear evidence against this applicant regarding commission of offence registered against him, therefore, this application

-2may be rejected.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, it is alleged that the complainant is the wife of this applicant and this applicant and his parents tortured the complainant and made a demand of Rs.10 lakhs and then they also drove her from their house. The complainant made an attempt to commit suicide, subsequent to which this F.I.R. has been lodged. Hence, this case.

6. Considered on the submissions. As the case is now pending for trial. After filing of charge-sheet and the similarly placed co-accused persons have been granted bail. Therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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/- with two local surety each in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- Monika (Rajendra Chandra Singh Samant) Vacation Judge