Ramdhar Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2536 of 2020 • Ramdhar Baghel S/o Bulku Baghel (wrongly mention in ordersheet as Buklu Baghel) aged about 22 years, R/o villageMavlipadar, falpadar para, Thana Darbha Distt.- Bastar (C.G.) ---- Applicant (in Jail)

Versus

• State Of Chattisgarh Through: P. S.- Darbha Distt.- Bastar (C.G.) ---- Respondent For Applicant :

Shri Vikash Shrivastava, Advocate.

For Respondent/State :

Shri H. S. Ahluwalia, Dy. A.G.

Hon'ble Shri Gautam Chourdiya, J Order in Chamber 12/05/2020 1.

The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 26.03.2020 in connection with Crime No. 12/2020 registered in Police Station- Darbha, District- Bastar (CG) for the offence punishable under Sections 294, 323, 506 & 458 of IPC. 2.

Allegation against the applicant is that on 25.03.2020 at about 11.00 pm he assaulted the prosecutrix by means of knife due to suspicion of her character as a result of which she suffered injuries. 3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this crime. He also submits that in fact the applicant and the prosecutrix were having affair, they performed love marriage but as the parents of the prosecutrix were against this marriage, on their pressure the prosecutrix lodged a false report against the applicant. He lastly submits that the applicant is languishing in jail since 26.03.2020, and conclusion of trial is likely to

take some time. Therefore, it is prayed to released him on bail. 4.

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

5.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the nature of dispute, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the concerned Trial Court, he shall be released on bail. 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. 6.

It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge amita