Gevendra Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2375 of 2018 Gevendra Sahu, son of Ishwari Lal Sahu, aged about 29 years, Caste Sahu, Occupation Service, resident of Village Sakarra, Police Station Malkharoda, District Janjgir-Champa, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Station House Officer Police Station Malkharoda, District Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant :

Shri Kamlesh Kumar Pandey, Advocate For Respondent :

Shri Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 1.5.2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.22 of 2018 registered at Police Station Malkharoda, District Janjgir-Champa for offence punishable under Sections 306 and 498A of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that the Applicant, who is jija (brother-in-law) of deceased Pradeep Kumar, harassed him for demand of dowry due to which he consumed poison on 21.8.2017 and died.

3.

Learned Counsel appearing for the Applicant submits that the Applicant is innocent. He has falsely been implicated in the case. Deceased Pradeep Kumar was habitual to consume liquor in excess quantity. The Applicant never instigated or abetted him for

committing suicide nor did he ever subjected his sister to cruelty for demand of dowry. He is a Government servant. Charge-sheet has been filed. He is in custody since 19.1.2018. Trial will take a long time. Therefore, he may be released on bail. 4.

Learned Counsel appearing for the Respondent/State opposes the bail application.

5.

I have heard Learned Counsel appearing for the parties and perused the entire material available with due care. 6.

Taking into consideration the facts and circumstances of the case and the evidence collected by the prosecution, I am inclined to enlarge the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) JUDGE Gopal