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High Court Of ChhattisgarhMCRC/3474/2015allowed

Virendra Sahu v. State Of Chhattisgarh

2015-07-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3 4 74 of 2015 Virendra Sahu, son of Shatruhan Sahu, aged about 21 years, R/o Village Khaira, P.S. Masturi, District- Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, P.S. Masturi, District Bilaspur (C.G.) ---- Non-Applicant For Applicants:

Shri S.K. Verma, Advocate.

For Non-applicant/State: Smt. Anusuiya Rajput, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/07/2015 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.155/2015 registered at Police Station - Masturi, District Bilaspur for the offences punishable under Sections 325, 498-A read with Section 34 of the Indian Penal Code.

(2) Case of the prosecution is that applicant is said to have treated his wife with cruelty and caused grievous injuries to her, which were sufficient to cause her death.

(3) Counsel of the applicant submits that the applicant has not committed any offence; and the misunderstanding arrived between the applicant and his wife has been removed and they are living together as husband and wife. He further submits that applicant is in jail since 24.06.2015 and, therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; further considering the nature and gravity of the offence and the facts that applicant is languishing in jail since 24.06.2015; and the defence taken by the applicant; this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-